Harris v. Upton
Annotate this CaseAlvin Harris was tried and convicted of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in 1999. He received a mandatory life sentence for felony murder plus consecutive and concurrent terms on the additional counts. In 2008, he filed a petition for habeas corpus, raising numerous grounds for relief. Following an evidentiary hearing at which Harris was represented by counsel, the habeas court denied relief. Harris then applied for a certificate of probable cause to appeal asserting the habeas court erred in rejecting two of his ineffective assistance of appellate counsel claims that appellate counsel failed to reasonably investigate and submit evidence that trial counsel: (1) was ineffective for failing to inform him of a plea offer made by the State; and (2) was under the influence of drugs during the time he represented Harris. Upon review, the Supreme Court found no reversible error in the habeas court's factual and legal determinations, and affirmed the denial of Harris' petition.
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