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State of Delay-Are Outdated Capital Post-Conviction Defense Tactics Undermining Effectiveness and the Attorney -Client Relationship, May 2023
Publication • May 1, 2023
Filed under: Competence to Litigate, Appellate Advocacy/Counsel
State of Delay-Are Outdated Capital Post-Conviction Defense Tactics Undermining Effectiveness and the Attorney -Client Relationship, May 2023 Journal of Law and Policy Volume 31 Issue 2 Article 2 5-1-2023 State of Delay: Are Outdated Capital Post-Conviction Defense Tactics Undermining Effectiveness and the Attorney-Client Relationship? Lyle C. May Follow this and …
The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes
Article • November 15, 2022 • from CLN December, 2022
Filed under: Sixth Amendment, Counsel - Effective Assistance of
The Sixth Amendment Right to Assistance of Legal Counsel: An Examination of Federal Justice System Outcomes by Casey Bastian by Casey J. Bastian Among an individual’s rights enshrined in the U.S Constitution is their Sixth Amendment right to assistance of legal counsel. The principle ensures an accused person in America …
Philadelphia DA Krasner Calls Cop’s Arrest for Sexual Exploitation of Children ‘An Extremely Disturbing Case’
Article • October 27, 2022
Filed under: Police Misconduct, Battered Child/Spouse Evidence, Sexual Abuse/Harrassment/Exploitation, Child Pornography
Philadelphia DA Krasner Calls Cop’s Arrest for Sexual Exploitation of Children ‘An Extremely Disturbing Case’ by Kaden Gicker On Sep. 30, 2022, WCAU in Philadelphia reported that a former police officer was charged with the sexual exploitation of minors and the tampering of witnesses to it. Patrick Heron, 52, retired …
Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel
Article • August 15, 2022 • from CLN September, 2022
Filed under: Appointment of Counsel, Ends of Justice Continuances, Counsel - Effective Assistance of
Colorado Supreme Court Announces Courts Not Required to Address All 11 Brown Factors in Ruling on Defendant’s Motion for Continuance to Change Counsel by Harold Hempstead by Harold Hempstead In addressing an issue of first impression, the Supreme Court of Colorado en banc clarified its decision in People v. Brown, …
Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome
Article • July 15, 2022 • from CLN August, 2022
Filed under: Counsel - Effective Assistance of, Probation, Parole & Supervised Release
Texas Court of Criminal Appeals Clarifies Prejudice Standard for IAC Based on Faulty Probation Eligibility Advice Is an Effect on Defendant’s Decision Making, Not Different Outcome by Mark Wilson by Mark Wilson The Court of Criminal Appeals of Texas clarified the correct ineffective assistance of counsel (“IAC”) standard in cases …
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial
Article • May 15, 2022 • from CLN June, 2022
Filed under: Failure to Consult/Investigate/Raise
Michigan Supreme Court: IAC Where Defense Counsel Failed to Request Instruction on Defense-of-Others for Nonassaultive Offense of Home Invasion, Orders New Trial by David Reutter by David M. Reutter The Supreme Court of Michigan held that defense counsel was ineffective for failing to request a defense-of-others jury instruction for defendants …
Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before
Article • May 5, 2022
Filed under: Attorney Misconduct, Conflict of Interest
Texas Prosecutor Spent 20-Year Career Also Working as Law Clerk to Judges He Appeared Before by Kevin Bliss by Kevin W. Bliss Ralph Petty— retired prosecuting attorney of Midland County, Texas—has been accused of manipulating justice to meet his own ends for the 20 years he served in that role. …
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted
Article • March 15, 2022 • from CLN April, 2022
Filed under: Brady Violations, Strickland Standard
First Circuit: Appellate Counsel’s Failure to Raise Brady Claim on Direct Appeal Constituted Ineffective Assistance of Counsel Under Strickland, § 2255 Motion Granted by Anthony Accurso by Anthony W. Accurso The U.S. Court of Appeals for the First Circuit reversed the U.S. District Court for the District of Puerto Rico’s …
Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible
Article • March 15, 2022 • from CLN April, 2022
Filed under: Witnesses, Battered Child/Spouse Evidence
Iowa Supreme Court Clarifies When Forensic Interviews of Child Complaining Witnesses Are Admissible by Douglas Ankney by Douglas Ankney The Supreme Court of Iowa clarified when forensic interviews of child complaining witnesses may be admitted into evidence at trial. Jake Skahill was tried on sexual offenses alleged to have been …
Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding
Article • February 15, 2022 • from CLN March, 2022
Filed under: Counsel - Effective Assistance of
Pennsylvania Supreme Court Announces New Framework for Enforcing Right to Effective Counsel in Post-Conviction Relief Act Proceeding by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania announced a new framework for enforcing the right to effective counsel in a 42 Pa.C.S. §§ 9541-9546, Post-Conviction Relief Act (“PCRA”), proceeding. …
Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible
Article • November 15, 2021 • from CLN December, 2021
Filed under: Counsel - Effective Assistance of, Drug Testing/Treatment Programs
Missouri Supreme Court: IAC Where Guilty Plea Based on Counsel’s Assurance Defendant Eligible for Drug Treatment Program When, as Matter of Law, Ineligible by David Reutter by David M. Reutter The Supreme Court of Missouri held that a defendant’s guilty plea was the result of ineffective assistance of counsel due …
Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on S...
Article • August 15, 2021 • from CLN September, 2021
Filed under: Appealable Issues/Orders, Conflict of Interest
Arizona Supreme Court: Trial Court’s Failure to Protect Defendant’s Right to Conflict-Free Counsel May Be Raised on Direct Appeal 16 Massachusetts Supreme Court: Error to Exclude Expert Testimony on Significance of Tattoo to Support Claim of Self-Defense by Douglas Ankney by Douglas Ankney The Supreme Court of Arizona affirmed a …
Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief
Article • June 15, 2021 • from CLN July, 2021
Filed under: AEDPA, Collateral and Direct Consequences
Direct Collateral Review Creates Path Around AEDPA Hurdles for State Prisoners Seeking Postconviction Relief by Dale Chappell by Dale Chappell It’s called “direct collateral review,” and it’s quickly becoming a way for state prisoners to get around the obstacles and roadblocks to receiving habeas relief in federal court. Never heard …
D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel
Article • June 15, 2021 • from CLN July, 2021
Filed under: Habeas Corpus, Conflict of Interest
D.C. Circuit: Conflicted Counsel During Habeas Proceeding Requires Appointment of Conflict-Free Counsel by David Reutter by David M. Reutter The U.S. Court of Appeals for the District of Columbia Circuit “discovered an undeniable and unwaived conflict of interest between court-appointed counsel” in a § 2255 petition and the appellant. It …
Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding
Article • March 15, 2021 • from CLN April, 2021
Filed under: Attorney Misconduct, Counsel - Effective Assistance of, Tolling of Statutes of Limitations and Laches
Washington Supreme Court Announces Misconduct of Petitioner’s Own Counsel Can Be Basis for Equitable Tolling in Habeas Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Supreme Court of Washington, the Court, sitting en banc, adopted the federal standard enunciated in Lawrence v. Florida, …
"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel"
Article • March 15, 2021 • from CLN April, 2021
Filed under: Strickland Standard, Conflict of Interest
"Kentucky Supreme Court: Hearing on Defense Counsel’s Fitness Is Critical Stage at Which Defendant Has Right to Be Present With Conflict-Free Counsel" by Douglas Ankney by Douglas Ankney The Supreme Court of Kentucky ruled that an in-chambers hearing held to address questions surrounding defense counsel’s fitness to proceed is a …
D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer
Article • March 15, 2021 • from CLN April, 2021
Filed under: Counsel - Effective Assistance of, Pleading/Pleadings
D.C. Circuit: Differing Counsel Effectiveness Findings Create Possible Injustice in Wired Plea Offer by David Reutter by David M. Reutter Having a fall partner presents many hazards when faced with law enforcement interrogations or during court proceedings. One of those hazards is when the Government offers a plea bargain that …
Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment
Article • January 15, 2021 • from CLN February, 2021
Filed under: Felon in Possession Statute, Pro Se Issues, Knowingly and Voluntarily Made
Ninth Circuit: Rehaif Error Requires Automatic Dismissal of Indictment by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Ninth Circuit held on September 17, 2020, that the Supreme Court’s ruling adding a “knowing” element to a statute requires automatic dismissal of an indictment that lacked that …
North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent
Article • November 25, 2020 • from CLN December, 2020
Filed under: Counsel - Effective Assistance of, Strickland Standard, Per se ineffectiveness
North Carolina Supreme Court Announces Harbison Applies When Defense Counsel Implies Defendant’s Guilt Without Prior Consent by Douglas Ankney   by Douglas Ankney The Supreme Court of North Carolina extended State v. Harbison, 337 S.E.2d 504 (N.C. 1985) (holding per se violation of defendant’s constitutional right to effective counsel when …
Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing
Article • November 15, 2020 • from CLN December, 2020
Filed under: Failure to Address/Advise Defendant
Seventh Circuit: Incompetent Advice to Reject Plea Offer Requires Evidentiary Hearing by David M. Reutter by David M. Reutter The U.S. Court of Appeals for the Seventh Circuit held a district court erred in failing to grant an evidentiary hearing on a claim that counsel rendered ineffective assistance by advising …
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