Walker v. Hagins
Annotate this CaseDefendant was convicted of voluntary manslaughter and sentenced to 20 years in prison. The habeas court subsequently found that defendant's appellate counsel had been deficient for failing to ensure the transcript of the hearing on the motion to dismiss the jury panel was included in the record on appeal and that defendant was prejudiced by this deficiency. After review, the court found that the habeas court's findings of facts were supported by the record and thus were not clearly erroneous. However, the habeas court erred by simply presuming prejudice from the alleged deficiency. The burden was on defendant to show prejudice and the habeas court failed to explain how this burden was met. Accordingly, the habeas court erred in granting the petition for writ of habeas corpus and the judgment was reversed.
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