[DOWNLOAD] "Anastacio Fernandez v. Gerald L. Cook" by Supreme Court of Washington # eBook PDF Kindle ePub Free
eBook details
- Title: Anastacio Fernandez v. Gerald L. Cook
- Author : Supreme Court of Washington
- Release Date : January 16, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
Plaintiff Anastacio Fernandez, Jr., convicted of two counts of rape of a child, appeals from a district court dismissal of his petition for a writ of . In his petition, Fernandez sought a new trial on the ground that he was denied effective assistance of counsel at trial and denied a trial by an impartial jury in violation of several constitutional guarantees. The district court determined that the issues raised in the petition could have been raised on direct appeal, found no unusual circumstances in this case that would justify the failure to have done so, and therefore, dismissed the petition. Fernandez appeals, arguing that the district court erred in finding that circumstances did not excuse his failure to raise his challenge on direct appeal. We agree and reverse and remand the matter to the district court.
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