Rose v. State, 304 P.3d 387

Petitioner Robert L. Rose was convicted of aggravated kidnapping, assault with a weapon, and assault on a peace officer in 2003.
Rose sought postconviction relief arguing ineffective assistance of trial and appellate counsel and denial of access to counsel during trial.
The district court denied relief in a comprehensive 91-page order; Rose appeals challenging three issues.
Issue 1 concerns whether trial counsel’s handling of a plea offer during plea negotiations was ineffective.
Issue 2 concerns whether Rose was denied access to counsel during an overnight trial recess.
Issue 3 concerns whether appellate counsel was ineffective for not raising certain issues on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did the district court err denying IAC for plea negotiations?	Rose	Sather's actions were reasonable counsel decisions	Denied; no clear record to show deficient performance or prejudice under Strickland
Was Rose denied access to counsel during a critical trial stage?	Rose	Access issue not shown to be a constitutional violation	Denied; no complete denial; Geders/Crro ic not applicable here
Did appellate counsel’ s failure to raise access issues amount to IAC on appeal?	Rose	Counsel reasonably selected issues with greater likelihood of success	Denied; issues presented on appeal were not outweighed by the access issue

Guders v. United States, 425 U.S. 80 (U.S. 1975) (trial overnight restriction implicates right to counsel)
Cronic, 466 U.S. 648 (U.S. 1984) (presumed prejudice only in complete denial of counsel)
Geders v. United States, 425 U.S. 80 (U.S. 1975) (overnight restriction on counsel access violated Sixth Amendment in limited circumstance)
Fretwell, 506 U.S. 364 (U.S. 1993) (prejudice assessment uses law in effect at time of claim, not trial when retrospectively invalid)
Lafler v. Cooper, 132 S. Ct. 1376 (U.S. 2012) (ineffective assistance in considering plea offers; prejudice shown if plea would have been pursued)
Missouri v. Frye, 132 S. Ct. 1399 (U.S. 2012) (defendant has right to effective assistance in considering plea offers)
Wright v. Van Patten, 552 U.S. 120 (U.S. 2008) (Sixth Amendment rights; circumstances where prejudice may be presumed limited)