Opinion | A bad defense lawyer cost me six years in prison. My appeal has taken 12 so far.

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Opinion | Chandra Bozelko: A bad defense lawyer cost me six years in prison. My appeal has taken 12 so far. - NBCNewsTHINK

If DNA testing hadn’t come along, they might still be sitting in prison. About half of all habeas corpus petitions filed in state courts allege ineffective assistance of counsel; only about 8 percent of them are successful.that defendants have a right to a lawyer, but not to any degree of reliability in that attorney’s performance. Essentially, Thomas said you have a right to counsel but not effective assistance from that attorney.

When I point all of this out, I’m usually met with the same refrains: my case and Syed’s are outliers and most criminal lawyers do their job competently and many ineffective assistance of counsel claims may be unfounded. Based on my experience, I disagree. But even if that’s true, it shows that we’ve settled for “most” — not all — defendants to be adequately protected when they’re facing prison time. “Most” isn’t enough when someone's liberty is on the line.

The Supreme Court could have taken the first step in reversing this Sixth Amendment rights crisis by hearing Syed Adnan's case. They chose not to do so, and have imperiled each of our freedoms — not just Syed’s.Chandra Bozelko is the vice president of the National Society of Newspaper Columnists and a 2018 John Jay College-Langeloth Foundation Fellow in Solitary Confinement Reporting.

 

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