Summary
dismissing complaint without leave to amend because failure to process a grievance did not implicate a protected liberty interest
Summary of this case from McKenzie v. BanuelosOpinion
CR 94-362
Opinion delivered January 23, 1995
ATTORNEY CLIENT — INEFFECTIVE ASSISTANCE OF COUNSEL — WHEN SUCH A POINT MAY BE RAISED. — Ineffective assistance of counsel may not be raised as a point of direct appeal unless the issue has been considered by the Trial Court, e.g., on a motion for new trial.
Appeal from Columbia Circuit Court; John Graves, Judge; affirmed.
Bethell, Callaway, Robertson, Beasley Cowan, by: Matthew J. Ketcham, for appellant.
Winston Bryant, Att'y Gen., by: Brad Newman, Asst. Att'y Gen., for appellee.
Undra Sumlin was convicted of two counts of delivery of cocaine and one count of conspiracy to deliver cocaine. He was sentenced as an habitual offender to 66 years imprisonment. His points of appeal relate only to his contention that his trial counsel was ineffective.
Ineffective assistance of counsel may not be raised as a point of direct appeal, Harrison v. State, 303 Ark. 247, 796 S.W.2d 329 (1990), unless the issue has been considered by the Trial Court, e.g., on a motion for new trial. Missildine v. State, 314 Ark. 500, 863 S.W.2d 813 (1993). See also Knappenberger v. State, 278 Ark. 382, 647 S.W.2d 417 (1983); Hilliard v. State, 259 Ark. 81, 531 S.W.2d 463 (1976).
Affirmed.