Right to Counsel Not Violated by Ineffective Assistance

A criminal defendant isn’t entitled to federal relief from his Rhode Island conviction, even though his attorney was ineffective, because his Sixth Amendment right to counsel wasn’t violated, the First Circuit said.

The prosecutor’s opening statement in Yara Chum’s assault trial specifically referenced Chum’s confession, but the prosecutor didn’t introduce the confession during the trial. Chum’s attorney never objected, didn’t move for a mistrial, and didn’t ask for a curative instruction.

Chum filed for post-conviction relief in state court, but the trial judge said he wouldn’t have granted a mistrial anyway. The Rhode Island Supreme Court affirmed and Chum filed ...