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Home / Opinion Digests / Criminal – Habeas Corpus – Ineffective Assistance – Counseling Record Subpoena (access required)

Criminal – Habeas Corpus – Ineffective Assistance – Counseling Record Subpoena (access required)

A defendant cannot overturn his conviction on multiple sex offenses with a claim that his lawyer provided constitutionally ineffective assistance of counsel because he failed to properly request the victim’s counseling records in the manner prescribed in Va. Code § 32.1-127.1:03 and instead requested the records under Va.S.Ct. Rule 3A:12(b), and the Roanoke U.S. District ...