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Rolland v. Martin

The allegations in the defendant's verified habeas petition supported his claim of ineffective assistance of trial counsel.

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After being convicted of several counts of burglary and other charges in 2003, James Rolland filed a verified petition for writ of habeas corpus in 2005. The sole ground of the petition reads as follows: “The petitioner asserts that his trial counsel . . . rendered ineffective assistance . . . by abandoning the case, without filing a motion for new trial and notice of appeal after being informed by petitioner.” Rolland subsequently filed a brief with an attached letter from the clerk of the trial court stating that Rolland’s trial attorney did not file a motion for new trial or notice of appeal. At the habeas hearing, Rolland indicated that he would rely on his brief and exhibits and that he would conduct cross-examination “at the end.” The habeas court found that he “declined to present any evidence at this time and is going to go with the petition as is filed.” The Warden did not produce any evidence, but rather asked the habeas court to deny the petition based upon Rolland’s failure to produce evidence in support thereof. The habeas court denied relief and immediately returned Rolland to the custody of a deputy.

The habeas court subsequently entered a written order, finding that there was not any evidence that trial counsel abandoned the case, that Rolland ever requested him to pursue an appeal, or that the failure to pursue an appeal was the result of any action or inaction of counsel. Rolland appeals pursuant to our grant of his application for certificate of probable cause.

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