SC19987 - Newland v. Commissioner of Correction
(Habeas Corpus; Wainwright v. Sykes, 433 U.S. 72; “The principal issue in this appeal is whether the
petitioner, who was denied counsel at his criminal trial and failed to raise a
claim related to that deprivation either at trial or on direct appeal, is
required to demonstrate actual prejudice to overcome the respondent’s claim of
procedural default. We conclude that, for purposes of procedural default, after
the petitioner has established good cause for failing to raise his claim that
he was completely deprived of his right to counsel, prejudice is presumed. Thus,
we affirm the judgment of the habeas court.”)