Ineffective assistance of counsel

In an order in lieu of granting leave to appeal, the court vacated the Court of Appeals judgment (see e-Journal # 76346 in the 10/22/21 edition) and remanded the case to the Court of Appeals for a new appeal. It held that the record showed respondent-father’s “counsel provided ineffective assistance by failing to cite to the record to support the claims being asserted, citing incorrect legal standards in support of those claims, and failing to raise potentially meritorious claims.” The Court of Appeals noted in its opinion that respondent’s brief “made numerous cursory assertions with no argument or citations to the record, and abandoned claims raised in the trial court. A right to counsel necessarily includes the right to competent counsel.” The court concluded that because “respondent did not receive competent appellate counsel” he was entitled to a new appeal. It instructed the Court of Appeals to remand the case to the trial court, while retaining jurisdiction, with directions to appoint a new attorney to represent respondent in the Court of Appeals.