[Download] "Bradford Wilson v. State Alaska" by Court Of Appeals Of Alaska # Book PDF Kindle ePub Free
eBook details
- Title: Bradford Wilson v. State Alaska
- Author : Court Of Appeals Of Alaska
- Release Date : January 27, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
SINGLETON, Judge. Bradford Wilson was convicted and sentenced for kidnapping and sexual assault in the first degree. His conviction and sentence were affirmed in Wilson v. State, 670 P.2d 1149 (Alaska App. 1983). While his appeal was pending, Wilson filed an application for post-conviction relief seeking a new trial on the basis of ineffective assistance of counsel. Alaska R. Crim. P. 35(c). Specifically, Wilson argued that trial counsel was ineffective because he (1) failed to display the competence of a lawyer with ordinary skill and training the field of , and (2) had an actual conflict of interest in breach of his ethical duty of loyalty. Judge Hodges held an evidentiary hearing and at its completion concluded that trial counsel had, in fact, failed to display the competence of a lawyer with ordinary skill and training in the field of in the Fairbanks area. He nevertheless ruled against Wilson, finding that he not conclude that the result would have been different at trial had [Wilson's trial counsel] represented at an acceptable standard. Wilson appeals, contending that counsel's ineffectiveness prejudiced him as a matter of law. Alternatively, Wilson argues the trial court applied the wrong standard in determining whether counsel's established ineffectiveness prejudiced Wilson at trial. We are unable to resolve these issues on this record and must therefore remand the case to the trial court for further findings of fact and a fuller explanation of the court's legal reasoning.