ABA GUIDELINES DO NOT DETERMINE WHETHER DEFENSE COUNSEL IS EFFECTIVE

The United States Supreme Court has held that an attorney is not necessarily ineffective even if his performance falls below the standards set by the ABA guidelines. In Bobby v. Van Hook, the Court held that a Defendant's post-conviction petition should be denied and that trial counsel had been effective. In determining that counsel was effective the Court stated that the ABA guidelines for effective criminal representation do not govern whether an attorney is effective under constitutional standards.

The Defendant's post-conviction petition is denied as a result of this decision.