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State court of last resort · ST-VA-SC
Director v. Kozich
No. 141788Supreme Court of Virginia
141788 Director v. Kozich 12/10/2015 In reviewing a habeas corpus petition alleging ineffective assistance of counsel in violation of the Sixth Amendment guarantee of effective legal representation, the circui…
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141788 Director v. Kozich 12/10/2015 In reviewing a habeas corpus petition alleging ineffective assistance of counsel in violatio…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- December 10, 2015
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141788 Director v. Kozich 12/10/2015 In reviewing a habeas corpus petition alleging ineffective assistance of counsel in violation of the Sixth Amendment guarantee of effective legal representation, the circuit court erred in granting the writ on the ground that the sentencing orders were only to have the effect of "continuing" the case as an open sentencing proceeding. The sentencing orders were final, appealable orders under Virginia law and no precedent recognizes a Sixth Amendment right to counsel to pursue a motion to reconsider a sentence after the entry of final judgment. The habeas court erred in granting the writ on this basis, but its findings of ineffectiveness of counsel and pre…
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· Supreme Court of Virginia
Granted
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141788 Director v. Kozich 12/10/2015 In reviewing a habeas corpus petition alleging ineffective assistance of counsel in violation of the Sixth Amendment guarantee of effective legal representation, the circuit court erred in granting the writ on the ground that the sentencing orders were only to have the effect of "continuing" the case as an open sentencing proceeding. The sentencing orders were final, appealable orders under Virginia law and no precedent recognizes a Sixth Amendment right to counsel to pursue a motion to reconsider a sentence after the entry of final judgment. The habeas court erred in granting the writ on this basis, but its findings of ineffectiveness of counsel and pre…
Outcome words in this text: granting.
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