Can a failure to file a pretrial motion equal ineffective assistance of counsel? The BLUF is yes in some cases. In some instances I have argued IAC on appeal for failing to make a meritorious motion. The NMCCA has issued an interesting opinion in United States v. Spurling, in which they discuss this important issue.…
Continue reading ›Peeking Behind the Plea Bargaining Process Laurie L. Levenson Loyola Law School Los Angeles December 11, 2012 Loyola of Los Angeles Law Review, Forthcoming Loyola-LA Legal Studies Paper No. 2012-49 Abstract: The Supreme Court’s rulings in Missouri v. Frye and Lafler v. Cooper, which recognized a defendant’s Sixth Amendment right to effective assistance of counsel…
Continue reading ›Andrea D. Lyon, The Promise of Effective Assistance of Counsel: Good Enough Isn’t Good Enough, The Champion, NACDL, June 2012.
Continue reading ›In addition to oral argument in Vazquez (link to argument here), the court issued several opinions of relevance to military trial and appellate practitioners: what are the “rules” and standards for IAC in regard to pretrial negotiations. Lafler v. Cooper and Missouri v. Frye. the Court vacated the decision of the Court of Appeals of…
Continue reading ›Today the court will hear oral argument in Premo v. Moore, a case with potential ramifications for court-martials. Courtesy of SCOTUSBlog here is a summary: The Sixth Amendment secures a criminal defendant’s right to effective assistance of counsel. Under Strickland v. Washington (1984), that right is violated when a lawyer’s performance falls below an objective…
Continue reading ›In United States v. Darling, ACCA affirmed because appellant could not establish the prejudice prong of an IAC “claim.” This is worth reading for those cases where the accused is found not guilty after a contested case, but during sentencing there is a concession that the accused was actually guilty. For the defense counsel this…
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