Wednesday, November 10, 2010

Ethics violation may be construed as an IAC claim

United States v. Sharp, No. 09-4932, 2010 WL 4386884 (4th Cir. Nov. 5, 2010):

An allegation that an attorney violated a state's rules of professional conduct may be construed as an attempt to make an ineffective assistance of counsel argument.  Of course, the Fourth Circuit's rule is that a claim of ineffective assistance of counsel should be raised pursuant to 28 U.S.C. § 2255 in the district court rather than on direct appeal, unless the record conclusively shows ineffective assistance.

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