The People of the State of New York, Appellant v. Herman Turner, Respondent

Summary

The court held that defendant was denied effective assistance when trial counsel failed to assert that the manslaughter charge was barred by the statute of limitations and appellate counsel failed to raise trial counsel's ineffectiveness. Because the defense would have prevented submission of the manslaughter count and reversal would have followed had the appellate claim been made, the court affirmed the grant of coram nobis relief. The court also recognized that the failure to raise a single clear and dispositive defense can constitute ineffective assistance despite otherwise competent representation.