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Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence

Article • January 15, 2024 • from CLN January, 2024

Filed under: AEDPA, Effective Assistance of Counsel, Counsel - Effective Assistance of, Strickland Standard, Identification Documents/Evidence, Failure to Consult/Investigate/Raise, Trial Strategy, Strickland v. Washington

Fifth Circuit Affirms Habeas Relief Granted to Capital Defendant Where Counsel Failed to Impeach State’s Pivotal Wit-ness with Available Forensic Evidence by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Fifth Circuit affirmed the U.S. District Court for the Eastern District of Louisiana’s grant of habeas …

Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence

Article • November 15, 2021 • from CLN December, 2021

Filed under: Identification Documents/Evidence

Washington Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Introduction of Inadmissible Evidence by Douglas Ankney by Douglas Ankney The Supreme Court of Washington reversed the convictions of Jessica L. Vazquez after holding that her attorney, Sarah McFadden, was ineffective under the Sixth Amendment for failing to …

California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence

Article • October 15, 2020 • from CLN November, 2020

Filed under: Sentences Counted and Excluded, Identification Documents/Evidence

California Court of Appeal: ‘Violent Victim Rule’ Doesn’t Require Defendant to Have Had Knowledge of Victim’s Propensity for Violence by Douglas Ankney by Douglas Ankney Division Eight of the California Court of Appeal for the Second Appellate District held that a trial court abused its discretion when it excluded evidence …