How We Interview Trial Counsel

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Ineffective counsel claims are probably the least fun part of the job at the state level in Georgia. Unlike the Federal system, where an evidentiary hearing on an IAC claim is often left for habeas proceedings, Georgia IAC must be raised at the first available opportunity, or it is deemed to be waived. This system…

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In Memoriam: Strickland v. Washington

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While working on a brief, we discovered a Georgia Supreme Court case¬†that I was sorry to have missed when it came out (hat tip to Margaret Flynt). A paradigm shifted in 2010, and I completely missed it. From an optimistic viewpoint, this case shows that almost nothing adds up to ineffective assistance of counsel. To…

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SCOTUS Requires Effective Assistance at Plea Bargain Stage: Absurd?

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Today, the Supreme Court released two opinions that define standards for defense lawyers during criminal plea bargains. First, in Lafler v. Cooper, No. 10-209, 566 U.S. ___ (2012), recall that Cooper was charged with assault with intent to murder and possession of a firearm. Cooper rejected a plea bargain after his attorney (wrongly) informed him…

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What to Do if You’re Not the First Lawyer on the Case

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Another lawyer contacted me about a case she is working on. She wasn’t the trial counsel. She wasn’t the lawyer on the motion for new trial. In fact, one lawyer handled the trial. A second lawyer handled the motion for new trial. She was hired after the motion for new trial was denied but just…

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