Supreme Court of the United States
Evitts v. Lucey
January 21, 1985469 U.S. 387
Summary
The Court held that the Fourteenth Amendment's Due Process Clause guarantees a criminal defendant effective assistance of counsel on a first appeal as of right. Because counsel's failure to file a required statement of appeal caused the Kentucky appellate court to dismiss the appeal without reaching its merits, the dismissal violated due process. The Court therefore affirmed the judgment granting conditional habeas relief.
Holding
- Effective assistance of counsel on a first appeal as of right. A first appeal as of right is not conducted in accordance with due process if the appellant lacks the effective assistance of an attorney. A State may not extinguish the appeal because counsel's incompetence caused a procedural default, unless the chosen remedy does not intrude on the client's due process rights.
Docket 83-1378
Cited authorities
- Kentucky Rule of Appellate Procedure 1.095(a)(1)
- Kentucky Rule of Appellate Procedure 1.090
- CA11
- CA11
- CA10
- CA10
- 77 Harv. L. Rev. 62