Ineffective Assistance of Counsel

News & Analysis as of

If I wasn't happy with my lawyer, can I appeal and show evidence I wanted to present?  [Video]

Phoenix business law firm Jaburg Wilk's Appellate practice chair Kathi Sandweiss discusses whether you are able to appeal if you did not think your lawyer did a good job and want to present different evidence. For more...more

Short Wins - The "A U.S. Attorney In California Does The Right Thing Edition"

There are two interesting opinions I'd like to highlight from this crop. First, there's United States v. Prado from the Seventh Circuit. Every now and again, in sentencing, a district court will say it can't consider...more

Holding of Padilla v. Kentucky to be Incorporated Into Federal Rules of Criminal Procedure

In 2010, the Supreme Court of the United States, in the case of Padilla v. Kentucky, held that a defense attorney’s failure to advise the defendant concerning the risk of removal fell below the objective standard of...more

Short Wins - Three Wins

We have three short but good cases from the circuits from last week. I think my favorite is U.S. v. Glover, a nice suppression case....more

Michael Skakel new trial decision shows how New Jersey Supreme Court wrongly decided State v. Miller

Yesterday, the Honorable Thomas Bishop, a sitting judge of the Superior Court of the State of Connecticut, issued a thoughtful, and comprehensive, 136 page opinion granting Kennedy cousin Michael Skakel a new trial on charges...more

Mandatory Relief from Summary Judgment? Courts Are Still Split.

Code of Civil Procedure section 473, subdivision (b) requires a court, under certain circumstances, to grant relief from default or dismissal that results from counsel’s mistake, inadvertence, surprise, or neglect. In a...more

Padilla v. Kentucky Held Retroactive in Massachusetts

On September 13, 2013, the Massachusetts Supreme Judicial Court (SJC), in Commonwealth v. Sylvain, held that the duty of defense counsel to accurately advise noncitizens clients of immigration consequences, as announced in...more

Short Wins - It's A Relatively Good Week For The Constitution

It's a good week in the federal circuits for folks accused of a crime. Instead of the all-too-common diet of sentencing remands, there are some nice wins on our rights against unreasonable searches and seizures and...more

Padilla v. Kentucky Not Retroactive

On February 20, 2013, The U.S. Supreme Court declined to apply retroactively a 2010 ruling (Padilla v. Kentucky) that requires attorneys to tell immigrant clients that they can be deported if they plead guilty to certain...more

What do you have to show to win an ineffective assistance of counsel challenge to a federal criminal conviction? [Video]

Matt Kaiser, a Washington DC federal criminal defense attorney at The Kaiser Law Firm PLLC (http://www.tklf.com), discusses what you have to show to win on an ineffective assistance of counsel claim in federal court. If...more

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