Ross v. StateAnnotate this Case
The Supreme Court affirmed the post-conviction district court's conclusion that appellate counsel's performance did not prejudice Appellant, holding that Appellant was not prejudiced by his appellate counsel's failure to investigate the alleged ineffective assistance of Appellant's trial counsel.
Appellant was conviction of aggravated murder and attempted aggravated murder. After a direct appeal, Appellant filed a petition seeking relief under the Post-Conviction Remedies Act, alleging that his trial counsel and appellate counsel were both constitutionally deficient. After a remand, the district court concluded that appellate counsel's performance was deficient because she had failed to investigate certain arguments while preparing the appeal but that Appellant was not prejudiced because his trial counsel had not rendered ineffective assistance. The Supreme Court affirmed, holding (1) this Court may consider the evidence entered into the record during the proceedings below; and (2) the district court correctly concluded that Appellant did not suffer prejudice as a result of his appellate counsel's deficient performance.