Velasquez-Lopez v. Clarke, 290 Va. 443

Summary

The Supreme Court of Virginia reviewed the dismissal of Jose Cristino Velasquez-Lopez’s habeas corpus petition alleging ineffective assistance of counsel for failing to perfect an appeal. The Court held that the habeas court’s finding that Velasquez-Lopez had instructed counsel not to file the appeal was supported by credible evidence and was not plainly wrong. The Court affirmed the circuit court’s judgment, with two justices dissenting.

Holdings

1. The circuit court's finding that Velasquez-Lopez clearly conveyed that he did not want counsel to file an appeal was not plainly wrong or unsupported by credible evidence.
2. Counsel was not constitutionally ineffective because the evidence supported the finding that Velasquez-Lopez had instructed counsel not to file an appeal; counsel therefore did not disregard an express instruction to appeal.

Questions Presented

1. Whether the circuit court clearly erred in finding that Velasquez-Lopez had conveyed that he did not want trial counsel to file an appeal.
2. Whether trial counsel provided ineffective assistance under the Sixth Amendment by failing to file a petition for appeal.

Disposition

affirmed