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Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance
Article • August 15, 2020 • from CLN September, 2020
Filed under: Ineffective Assistance of Counsel, Grounds For Withdrawal
Georgia Supreme Court: Counsel’s Failure to Inform Defendant of Absolute Right to Withdraw Plea Prior to Sentencing Ineffective Assistance by David Reutter by David M. Reutter The Supreme Court of Georgia held a habeas corpus petitioner was denied the effective assistance of counsel due to counsel’s failure to advise him …
U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal
Article • July 15, 2020 • from CLN August, 2020
Filed under: Appeals, Ineffective Assistance of Counsel
U.S. District Court Chooses Judicial Remedy, Instead of § 2255, to Allow Out-of-Time Appeal by Dale Chappell by Dale Chappell In an unusual move, the U.S. District Court for the Northern District of Texas rejected the typical remedy under 28 U.S.C. § 2255 and instead opted to grant a “judicial …
Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context
Article • July 15, 2020 • from CLN August, 2020
Filed under: Ineffective Assistance of Counsel, Plea Agreements/Guilty Pleas
Attacking the Guilty Plea: Establishing Prejudice in the Guilty Plea Context by Dale Chappell by Dale Chappell In my last column, we went over the general standard for showing ineffective assistance of counsel (“IAC”) in the guilty plea context under Strickland v. Washington, 466 U.S. 668 (1984). In this column, …
Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress
Article • July 15, 2020 • from CLN August, 2020
Filed under: Ineffective Assistance of Counsel, Plea Agreements/Guilty Pleas
Fourth Circuit: IAC for Counsel’s Bad Advice That Open Plea Would Allow Appeal Denial of Motion to Suppress by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fourth Circuit held on April 20, 2020, that counsel’s erroneous advice that an open guilty plea without a plea …
California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property
Article • July 15, 2020 • from CLN August, 2020
Filed under: Double jeopardy, Ineffective Assistance of Counsel
California Supreme Court: § 459.5(b) Prohibits Charging Shoplifting and Theft for Same Property by Douglas Ankney by Douglas Ankney The Supreme Court of California held that California Penal Code § 459.5(b) prohibits charging both shoplifting and theft for the same property, even in the alternative. Anthony Lopez exited a Walmart …
Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel
Article • May 15, 2020 • from CLN June, 2020
Filed under: Ineffective Assistance of Counsel, Lack of Evidence
Iowa Supreme Court Vacates Guilty Plea for Lack of Evidence and Ineffective Assistance of Counsel by David Reutter by David M. Reutter The Supreme Court of Iowa ruled there was no factual basis to support a defendant’s guilty plea to possessing a tool with the intent to use in the …
Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome
Article • May 15, 2020 • from CLN June, 2020
Filed under: Habeas Corpus, Ineffective Assistance of Counsel
Seventh Circuit Reiterates IAC Requires Only ‘Reasonable Probability,’ Not ‘More Likely Than Not,’ of Different Outcome by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Seventh Circuit held that the federal district court unreasonably applied “clearly established federal law” when it erroneously required a more demanding …
Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC
Article • May 15, 2020 • from CLN June, 2020
Filed under: Ineffective Assistance of Counsel
Illinois Supreme Court: Failing to Stipulate Felon Status Allowing Jury to Hear About Murder Conviction Constitutes IAC by Anthony Accurso by Anthony Accurso The Supreme Court of the State of Illinois reversed a defendant’s conviction because his attorney failed to stipulate his felon status at trial, and the jury was …
Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof
Article • May 15, 2020 • from CLN June, 2020
Filed under: Ineffective Assistance of Counsel, Jurors and Juries, Burden of Proof
Fifth Circuit Finds IAC for Failure to Object to Court’s Jury Instructions that Constructively Amended Indictment by Lowering Government’s Burden of Proof by Dale Chappell by Dale Chappell The U.S. Court of Appeals for the Fifth Circuit ruled on March 31, 2020, that the district court’s constructive amendment to an …
Pennsylvania Supreme Court: Cronic’s Presumption of Prejudice Triggered by Counsel Failing to Secure Interpreter for First Day of Trial
Article • May 15, 2020 • from CLN June, 2020
Filed under: Ineffective Assistance of Counsel, Cause and Prejudice
Pennsylvania Supreme Court: Cronic’s Presumption of Prejudice Triggered by Counsel Failing to Secure Interpreter for First Day of Trial by Douglas Ankney by Douglas Ankney The Supreme Court of Pennsylvania ruled that the defendant was denied the effective assistance of counsel where a Spanish-language interpreter was not secured for the …
Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror
Article • May 15, 2020 • from CLN June, 2020
Filed under: Ineffective Assistance of Counsel, Racial Bias Exception
Ohio Supreme Court Announces New Standard for ‘Actual Racial Bias’ for Jurors and Holds Counsel Was Ineffective for Failing to Strike Racially Biased Juror by Douglas Ankney by Douglas Ankney The Supreme Court of Ohio held that Glen E. Bates was deprived of his right to effective assistance of counsel …
Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case
Article • May 15, 2020 • from CLN June, 2020
Filed under: Ineffective Assistance of Counsel
Federal Court Overturns Conviction for Person Linked to Former Subway Spokesperson’s Child Porn Case by Dale Chappell by Dale Chappell The U.S. District Court for the Southern District of Indiana overturned the conviction of Russell Taylor, a person linked to Jared Fogle’s child pornography case, finding that Taylor’s counsel failed …
Wrongfully Convicted NY Man Freed After 24 Years
Article • April 15, 2020 • from CLN May, 2020
Filed under: Wrongful Conviction, Unjust Conviction Statute
Wrongfully Convicted NY Man Freed After 24 Years by Jayson Hawkins by Jayson Hawkins There were many times Pablo Fernandez could have given up. Yet after spending over half his life behind bars, he never wavered in maintaining his innocence. ‘‘It was so difficult for me to be in prison …
California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later
Article • April 15, 2020 • from CLN May, 2020
Filed under: Habeas Corpus, Ineffective Assistance of Counsel
California Supreme Court Finds IAC, Vacates Conviction in LAPD Officer’s Murder Case (Again) – 36 Years Later by Dale Chappell by Dale Chappell The Supreme Court of California granted habeas corpus relief, vacating a conviction and death sentence in the 1983 murder of Los Angeles Police Officer Paul Verna, after …
Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed
Article • April 15, 2020 • from CLN May, 2020
Filed under: Ineffective Assistance of Counsel, Traffic Stops
Wyoming Supreme Court Finds IAC Where Counsel Failed to Challenge Prolonging of Traffic Stop After Citation Completed by Anthony Accurso by Anthony Accurso The Supreme Court of Wyoming held that a defendant’s counsel was ineffective for failing to challenge the extension of the traffic stop that eventually uncovered evidence resulting …
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