State v. Collington
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The Supreme Court reversed the decision of the court of appeals concluding that Defendant received ineffective assistance of appellate counsel, holding that Defendant failed to prove that his appellate counsel's representation fell below an objective standard of reasonableness.
After a jury trial, Defendant was found guilty of possession of a firearm by a felon and being a habitual felon. The court of appeals affirmed. Defendant subsequently filed a motion for appropriate relief alleging ineffective assistance of appellate counsel. Specifically, Defendant asserted that appellate counsel's failure to cite State v. Pakulski, 356 S.E.2d 319 (N.C. 1987), amounted to ineffective assistance. After a successful appeal and remand, the trial court granted the motion. The court of appeals affirmed, holding that Defendant's appellate counsel was constitutionally ineffective for failing to make arguments under Pakulski. The Supreme Court reversed, holding the precedent established in Pakulski did not govern the instant case and that appellate counsel's failure to rely on Pakulski was objectively reasonable.
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