Director of the Department of Corrections v. Douglas Todd Kozich. (Virginia 2015)

Summary

The Supreme Court of Virginia affirmed the writ of habeas corpus, holding that the sentencing orders were final and appealable, that the Sixth Amendment does not extend a right to counsel for post‑judgment motions to reconsider a sentence, but that trial counsel’s failure to timely file a motion to reconsider after an express invitation constituted ineffective assistance of counsel and caused prejudice.

Holding

Whether the sentencing orders were final and appealable. The sentencing orders were final, appealable orders under Virginia law; the habeas court erred in treating them as interlocutory decrees.

Whether the Sixth Amendment right to counsel applies to post‑judgment motions to reconsider a sentence. The Sixth Amendment does not grant a right to counsel for a motion to reconsider a sentence after a final judgment has been entered.

Whether counsel’s failure to file a timely motion to reconsider constituted ineffective assistance and prejudice. Counsel’s failure to file a timely motion to reconsider, despite the trial court’s express invitation, was objectively unreasonable and caused prejudice; therefore the writ was proper on that ground.

Director of the Department of Corrections v. Douglas Todd Kozich.

Summary

Holding

Cited authorities

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