Miles v. Sheriff

Holding

This case is an appeal from a judgment of the circuit court dismissing a petition for a writ of habeas corpus filed by Jamie Lamont Miles. In the petition, Miles asserted ineffective assistance of counsel because his trial counsel failed to perfect an appeal to the Court of Appeals of Virginia. Although Miles pled guilty to the charges, we conclude that his trial counsel’s failure to file an appeal after having been instructed to do so by Miles constituted deficient performance and that Miles, having objectively demonstrated his intent to appeal, is entitled to a belated appeal. Thus, we will reverse the judgment of the circuit court dismissing the petition for a writ of habeas corpus.