Fourth Circuit issues effective assistance of counsel opinion

In Frazer v. South Carolina, the state appealed the district court's order granting relief on Frank Frazer's petition for a writ of habeas corpus. The court granted relief solely as to Frazer's claim that his attorney failed to consult with him regarding a direct appeal following his sentencing on state trafficking charges in 1994, and that as a result he lost his right to
appeal.

Although the South Carolina appellate courts that reviewed this claim concluded that the Sixth Amendment did not require Frazer's counsel to consult with him regarding an appeal, the Fourth Circuit affirmed the district court's conclusion that the state court interpretations of the law were unreasonable under Strickland v. Washington, 464 U.S. 668 (1984), and its progeny.