Davis v. State

Summary

The Supreme Court of Maryland held that a defendant may establish ineffective assistance of counsel when counsel fails to consult about, and fails to file, a motion for modification of sentence, even absent proof that the defendant expressly requested the motion. Applying the Strickland framework, the Court concluded that counsel's failure to consult with Davis was objectively unreasonable and that Davis was prejudiced because he lost a reasonable opportunity to have the motion considered. The Court reversed the denial of postconviction relief and remanded for Davis to file a belated motion for modification of sentence.