successful ineffective assistance counsel cases

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Id. The reviewing court must then judge "the reasonableness of counsel's challenged conduct on the facts of the particular case, viewed as of the time of counsel's conduct." IAC Wiggins to Present - Summaries of all published successful ineffective assistance of counsel cases from Wiggins v. Smith to present, compiled by Teresa Norris and HAT counsel (December 31, 2018). << stream /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] The Court … %%EOF 0 0000034040 00000 n Counsel ineffective in case of physician charged with unlawfully dispensing controlled substances for lying to his client and failing to adequately investigate and present a defense. << In Strickland v. Washington, 466 U.S. 668 (1984), the United States Supreme Court held that in order for a convicted defendant to establish that he or she was deprived of the Sixth Amendment right to effective assistance of counsel at trial, the defendant would have to show: (1) deficient performance by trial counsel; and (2) prejudice. A reasonable probability is a probability sufficient to undermine confidence in the outcome." © 2017 Habeas Assistance and Training Project, Expert/Investigative Assistance Issues (Ake), Cert Petitions Granted with Decision Pending, Administrative Office of the United States Courts, Assorted Death Penalty Projects/Organizations, Case Law, Statutes, Federal Regulations and Statistics. at 694. /Size 200 0000033088 00000 n @ /L 307043

IAC Wiggins to Present- Summaries of all published successful ineffective assistance of counsel cases from Wiggins v. Smithto present, compiled by Teresa Norris and HAT counsel (December 31, 2018).

0000034705 00000 n Counsel ineffective for failing to challenge multiplicious counts in case arising out of the defendant’s attempts to arrange for the murder of several witnesses and a prosecutor on pending rape charges.

183 17 In the overwhelming majority of these appeals, the courts rejected the claims (81%), however in seven cases, courts agreed with appellants and found ineffective assistance of counsel, leading to reversals of convictions for six exonerees and new representation in one case (additional details of these seven cases are presented in the last section of this summary). This case has gained much publicity with several contrasting viewpoints.The American Civil Liberties Unionandthe National Association of Criminal Defense Lawyersboth filed briefs in support of the defendant, while 30 state attorneys filed briefs in support of the state of Texas. h޼�{S�6�'��3�'��-[~t2L�7 ��Ͼ��|��ʒO6gҡ�YϽ��$�w,�r|f�?.J��Y�KyNe��-'tLs`"�\Ʊ*�-�g�0p,�3� SUMMARIES OF PUBLISHED SUCCESSFUL INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS POST-WIGGINS V. SMITH *Updated August 10, 2015 TERESA L. NORRIS Blume Norris & Franklin-Best, LLC 900 Elmwood Avenue, Suite 200 Columbia, SC 29201 (803) 765-1044 teresa@blumelaw.com endstream endobj 141 0 obj <>/Pages 138 0 R/Type/Catalog>> endobj 142 0 obj <>/ProcSet[/PDF/Text]>>/Rotate 0/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 143 0 obj <>stream /P 0 184 0 obj The defendant’s side, however, argued that the standard for an additional would still rem… endobj >> 0000020585 00000 n Id. 0000018993 00000 n ��.%\��>��,��I�۷0�9�:��ƌ��,v� �Ĩ:g^hq��Ey~��E�m&`/ɮ�R�,˫�U��ֳ!��Wo�z�D��}{\��ȅ��i2�&�g;��vDr5�p�6�O�b(��0��8�]؄r�|�-8�5�C6`�8�x1dp|�PA3H ��a�O�1Tw9��=�D��c��)f�8�5L��&"�,A w0�[��Y\�,�H��Bԥ�,(�-��Ln\�7�d8q�(/��a_o�Jԭ��Ύ/R��&�ԥq9�e�$d�m� /T 303258 0000004274 00000 n 0000006266 00000 n /H [ 762 3267 ] at 690. trailer /Length 3192 /Type /Catalog %PDF-1.4 %�� 183 0 obj

/Pages 181 0 R h�bbd``b`�@��Hp��Ħ �`�D��5�X�%"�w*�pT��a,Y=K��Ad#��ƔO ҇ Under the U.S. Code, the defendant was convicted of threatening a federal official.

The plaintiff argued that providing the defendant an additional appeal would result in federal courts being forced to grant many other appeals. 4, 2016) (Per Curiam). 176 0 obj <>stream 140 0 obj <> endobj The Supreme Court has also recognized a constitutional right to effective assistance of counsel on direct appeal, although the right is under the Due Process Clause rather than the Sixth Amendment. /Names << /Dests 121 0 R>> Id. 160 0 obj <>/Filter/FlateDecode/ID[<0B7150F7634E5BAB512A867CDF0AC2DC>]/Index[140 37]/Info 139 0 R/Length 87/Prev 155534/Root 141 0 R/Size 177/Type/XRef/W[1 2 1]>>stream at 688. �w�(�ѵ�d�J�]��y�.

/N 58 0000032886 00000 n In other wrongful conviction cases, examples of ineffective assistance of counsel have included failing to interview alibi witnesses at the defendant’s workplace (as in California Innocence Project exoneree Rafael Madrigal’s case), deciding not to conduct DNA testing on evidence, and … � f � } � � � Y � � R � � 5 � { � � { � 9 7 � h � K e p � � � � � 8 � � s � � # 6 � �. startxref To establish prejudice, a convicted defendant "need not show that counsel's deficient conduct more likely than not altered the outcome in the case." %PDF-1.4 0000006767 00000 n Two of the counts related to the prosecutor. endobj /Info 182 0 R /S 3096 0000005309 00000 n 0000005102 00000 n /E 52943

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>> %�� SUMMARIES OF PUBLISHED SUCCESSFUL INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS January 1 to April 10, 2016 TERESA L. NORRIS Blume Norris & Franklin-Best, LLC 900 Elmwood Avenue, Suite 200 Columbia, SC 29201 (803) 765-1044 teresa@blumelaw.com UNITED STATES SUPREME COURT CASES Woods v. Etherton, ___ U.S. ___, ___ S. Ct. ___, 2016 WL 1278478 (Apr. 0000019206 00000 n 0000000017 00000 n 0 It is the convicted defendant's duty to identify the acts or omission by counsel that are alleged not to have been the result of reasonable professional judgment. In determining whether trial counsel's performance was constitutionally deficient, the reviewing court looks to the reasonableness of counsel's conduct under "prevailing professional norms." /Root 184 0 R 0000000675 00000 n Rather, the defendant must establish "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different.

199 0 obj 0000000762 00000 n endstream endobj startxref Evitts v. Lucey, 469 U.S. 387 (1985). /Linearized 1 >> /O 185 h�b```"oV� ``��0p48 �(r8 �Ǒ�{�X�x��3?f�`��Ռe�"�w,~�v��K#��N��V�d��s["��h�(��0�ƅ�y!�L��Ň�n\�Bdpttt4 1�QvT�!�Qĸ A1�Cbä&v�'2 eM6�rAmu75Ү�E?�H�o�h1d`vt� �W m��3�0 ��e SUMMARIES OF PUBLISHED SUCCESSFUL INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS PRE-WIGGINS V. SMITH (August 10, 2015) Teresa L. Norris Blume Norris & Franklin-Best, LLC 900 Elmwood Avenue, Suite 200 Columbia, SC 29201 (803) 765-1044 teresa@blumelaw.com IAC Strickland to Wiggins - Summaries of all published successful ineffective assistance of counsel cases post-Strickland v. Washington and prior to Wiggins v. Smith, compiled by Teresa Norris (August 10, 2015). <<

Thaler, 569 U. S. 413, petitioner argued that his state habeas counsel’s ineffective assistance in failing to raise an ineffective-assistance-of-appellate-counsel claim provided cause to excuse the procedural default of that claim. /Prev 303245 The physician was a retired military pathologist, who returned to work due to financial problems. � � � � ( i .