What do you have to show to win an ineffective assistance of counsel challenge to a federal criminal conviction?
The U.S. Supreme Court has long interpreted the Sixth Amendment to embody a right to effective assistance of counsel, which includes the right to effective assistance during sentencing. There have been several important cases...more
In Padilla v. Kentucky, the U.S. Supreme Court ruled that an ineffective assistance of counsel claim under the Sixth Amendment could be based on a defense attorney’s failure to apprise a criminal defendant of the immigration...more
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
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
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
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
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
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
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
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.