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Habeas Supreme Court Opinion

by Townsend, Karen


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.”)