Robert Baxter, Petitioner v. J. H. Rose

Summary

The Tennessee Supreme Court rejected the prior “farce and mockery” standard and held that constitutionally effective assistance requires advice and services within the range of competence demanded of criminal attorneys. That standard applies equally to privately retained and appointed counsel. Because Baxter’s pro se allegations raised a substantial constitutional issue, the lower court erred by dismissing the petition without appointing counsel and conducting an evidentiary hearing. There were no separate opinions.