The Law Office of Michael Horowitz won a huge victory in the Alaska Court of Appeals. Attorney Horowitz’s client was convicted in a criminal court and sentenced to almost 40 years in prison. The defendant lost his appeal and filed a claim of ineffective assistance of counsel. Although defendant’s court-appointed post-conviction lawyer made some arguments on defendant’s behalf, that lawyer never raised defendant’s ineffectiveness claims and the post-conviction action was dismissed.
Attorney Horowitz appealed the dismissal of client’s post-conviction claim to the Alaska Court of Appeals. Attorney Horowitz’s argument was that the trial court and post-conviction lawyer failed to guarantee that his client ever received his constitutionally protected right to the effective assistance of counsel. In August 2019 the Alaska Court of Appeals agreed.
In Demoski v. State, the Court of Appeals adopted Attorney Horowitz’s position and set forth new requirements for post-conviction counsel and judges in Alaska. In addition to the satisfaction that comes with winning a victory for his client, Attorney Horowitz is proud to have created new law to protect the constitutional rights of criminal defendants.