What Is the Proper Remedy For Sixth Amendment Violations?
According to Jimenez, in cases where constitutionally deficient representation of counsel is the reason that the right of appeal has been lost, direct appeal is reinstated by both state and federal courts. See Brief for Petitioner at 4 (citing Rodriquez v. United States, 395 U.S. 327, 328 (1969)). He contends that when the Sixth Amendment right is violated, “the only constitutionally adequate remedy” is one that places the defendant “in the position they would have occupied in the absence of the violation.” Brief for Petitioner at 22 (quoting United States v. Virginia, 518 U.S. 515, 547 (1996)). In this case, according to Jimenez, in order to place him in the position he would have occupied absent the violation, his right to file an appeal must be reinstated and the federal period of limitations restarted. See id. Quarterman contends that in order to remedy constitutionally ineffective assistance of counsel, most state procedures do not reinstate a prior appeal but instead provide a br
