Stone v. Alaska
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At issue for the Supreme Court was whether under the Federal Constitution a criminal defendant's court-appointed counsel must, upon the defendant's demand after lawful sentencing pursuant to a plea agreement, file a petition for discretionary sentence review by the Court when state law precludes an appeal of right. Defendant David Stone was charged with manslaughter, assault, and driving under the influence. Soon after judgment was entered, an attorney from the public defender agency asked Defendant if he wished to appeal his sentence. The attorney reviewed his file, and spoke with Defendant's trial counsel. After review, the attorney concluded that Defendant could not appeal his sentence. Defendant pro se petitioned for post-conviction relief, arguing that the attorney's failure to object or appeal his sentence as excessive constituted ineffective assistance of counsel. The superior court denied Defendant's application, holding that it was "unwilling to find that an attorney is ineffective on the sole basis that the attorney did not advance a meritless argument." On argument to the Court of Appeals, the State contended that because Defendant did not question the legality of his sentence, it could not have been ineffective assistance of counsel to fail to appeal his sentence. Defendant countered by arguing that he was entitled to appellate review regardless of the terminology he used. The Court of Appeals affirmed the superior court. Upon its consideration of the legal authority and briefs submitted by both parties, the Supreme Court reversed the appellate courts, holding that Defendant was entitled to require his court-appointed counsel to file a petition for the Court's discretionary review of his sentence.
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