Second Circuit Rules District Court Improperly Denied Coram Nobis Petition Claiming Ineffective Assistance of Counsel by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Second Circuit ruled that the district court erred in denying a writ of error coram nobis that claimed ineffective assistance of counsel …

Ninth Circuit Grants Habeas for Appellate Lawyer’s Failure to Raise Denial of Self-Representation Claim by Matthew Clarke by Matt Clarke On July 6, 2018, the U.S. Court of Appeals for the Ninth Circuit reversed a federal court’s denial of a California state prisoner’s petition for a writ of habeas corpus …

Iowa Supreme Court: Relief from Conviction Not Required When Suing for Legal Malpractice Based on Wrongful Sentence by Dale Chappell by Dale Chappell In an issue of first impression in Iowa, the Supreme Court of Iowa held that relief from a wrongful sentence is enough to allow a legal malpractice …

$600,000 Awarded Missouri Man in Legal Malpractice Verdict After 17 Years in Prison by In May 2018, jurors in a Newton County Circuit courtroom awarded $600,000 to a man who spent 17 years in a Missouri prison before his conviction was overturned by that state’s supreme court. Dwight D. Laughlin …

S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC by Dale Chappell by Dale Chappell The Supreme Court of South Carolina found that counsel’s advice to a defendant to take a plea deal to avoid the State’s threat …

Texas Court of Criminal Appeals: Lawyer’s Failure to Advise Client of Opinion Making It Impossible for State to Meet Its Burden of Proof Constitutes Ineffective Assistance of Counsel by Matthew Clarke by Matt Clarke On September 27, 2017, the Court of Criminal Appeals of Texas held that a guilty plea …

Oregon Appeals Court: Defense Counsel Constitutionally Inadequate in Sexual Abuse Case by Mark Wilson by Mark Wilson The Oregon Court of Appeals upheld a post-conviction court’s judgment that a criminal defendant was denied effective assistance of trial counsel when his lawyer failed to object to an expert witness vouching for …