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Articles Posted in Ineffective Assistance

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Jae Lee v. United States – Advising Defendants Facing Deportation Continues to be an Issue

The last United States Supreme Court term ended with some noteworthy criminal decisions.  One of these was Jae Lee v. United States, decided on June 23, 2017.  This is the latest case from the High Court to address the issue of effective assistance of counsel in the context of a…

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Maryland v. Kulbicki – New US Supreme Court Decision Helps Define Ineffective Assistance

Maryland v. Kulbicki, No. 14-848 (2015), a recent US Supreme Court decision, helps to further define the concept of ineffective assistance of counsel for purposes of Sixth Amendment claims.  The case is important for anyone considering a motion for post-conviction relief in State court or a habeas petition in Federal…

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Defense Counsel’s Failure to Investigate Defendant’s Mental Fitness for Trial Supports Ineffective Assistance Claim

In Newman v. Harrington, No. 12-3725 (7th Cir. 8/9/13), the Court affirmed a district court ruling on a habeas petition which found that the failure of defense counsel to investigate known deficiencies concerning his client’s mental capacity, and to raise the issue of defendant’s fitness to stand trial with the…

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Hinton v. Alabama – Easily Avoidable Ineffective Assistance of Counsel

The United States Supreme Court decided Hinton v. Alabama, No. 13-6440 (Per Curiam), on February 24, 2014.  This case is a “must read” for all defense attorneys because it highlights the importance of some of the most fundamental requirements of competent representation of criminal defendants.  If nothing else, it is…

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