Hale R. Harris v. Ricky D. Dixon, Secretary, Florida Department of Corrections
HabeasCorpus
Does a finding of ineffective assistance of counsel require a remedy to the constitutional violation?
1) DOES THE FINDING THAT COUNSEL WAS INEFFECTIVE FOR FAILING TO CONVEY A PLEA ALLOW THE TRIAL COURT TO DO NOTHING TO CORRECT OR REMEDY THE CONSTITUTIONAL VIOLATION? 2) DOES A FINDING OF INEFFECTIVE ASSISTANCE OF COUNSEL REQUIRE A REMEDY TO THE CONSTITUTIONAL VIOLATION? 3) WHAT IS THE REMEDY FOR A FINDING THAT COUNSEL WAS CONSTITUTIONALLY INEFFECTIVE WHEN FAILING TO CONVEY A FAVORABLE PLEA? 4) DOES THE FINDING OF INEFFECTIVE ASSISTANCE OF COUNSEL QUALIFY AS “MAKING A SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT ” FOR THE PURPOSES OF A CERTIFICATE OF APPEALABILITY? 2