Ineffective Assistance of Counsel

Paralegal Mark Anthony Given compiles Federal Winning Ineffective Assistance of Counsel, Habeas Corpus, Bureau of Prisons, Winning Social Security Disability and Interesting Criminal cases and is available for legal research and writing at markamania2002@yahoo.com

Monday, September 25, 2006

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Thursday, September 21, 2006

failing to object to irrelevant and prejudicial testimony

Martin v. Grosshans, 424 F.3d 588 (7th Cir. 2005). Ineffective assistance of counsel: counsel's performance defeicient in failing to object to irrelevant and prejudicial testimony of prosecution's witness; failing to move for mistrial after prosecutor's inflammatory closeing argument, and cummulative error.

Tuesday, September 19, 2006

Ineffective Assistance of counsel

Davis v. Grigas, 443 F.3d 1155 (9th Cir. 2006)(Ineffective assistance of counsel remand for hearing).

Monday, September 18, 2006

Defense counsel performed deficiently by recommending rejection of plea bargain

Hoffman v. Arave, 455 F.3d 926 (9th Cir. 2006)(2254)(Defense counsel performed deficiently by recommending rejection of plea bargain that would have removed death penalty and such deficiency was prejudicial).

Friday, September 15, 2006

Death Penalty Phase Reveresed

Frierson v. Woodford, No. 04-99002 (9th Cir. September 14, 2006)Denial of a habeas corpus petition in a death penalty case is reversed with respect to the penalty phase of trail where trial counsel provided ineffective assistance in failing to investigate and present important mitigation evidence at the penalty phase of a trial, and in failing to review juvenile court records and to challenge a key mitigation witness's assertion of his privilege against self-incrimination at the penalty trial, and the errors were prejudicial. http://caselaw.lp.findlaw.com/data2/circs/9th/0499002p.pdf

Thursday, September 14, 2006

Failed to Call Witnesses

Gersten v. Senkowski, 426 F.3d 588 (2nd Cir. 2005)(2254)(Ineffective assistance of counsel, failure to cal witnesses).