Appealing Your Conviction: How Ineffective Assistance of Counsel Can Get You a New Trial

The Ninth Circuit Court of Appeals recently ruled that a defendant was not given effective assistance of counsel when his lawyer only called one witness at trial.

The defendant was convicted of two counts of murder and one count of attempted murder. At his sentencing hearing, his attorney presented only the defendant’s step father and a court appointed psychiatrist as witnesses. The defendant was sentenced to death and filed an appeal arguing that his attorney provided ineffective assistance of counsel by failing to properly pursue and present mitigation evidence. The appeals court agreed.

To prove ineffective assistance of counsel, a defendant must prove that his attorney’s performance was deficient and that he was prejudiced by such deficiencies. The Ninth Circuit Court of Appeals ruled that defense attorneys have an obligation to investigate and present evidence of mental impairment and cannot rely on a court appointed psychiatrist’s evaluation. The reasoning is that a court appointed psychiatrist has no legal duty to the defendant, and relying solely on this evaluation severely prejudiced the defendant in this case.

Whenever you face allegations of criminal conduct, it is important that you hire an experienced criminal defense firm to represent your interests in court. At Wallin & Klarich we have over 40 years of experience in dealing with a wide spectrum of criminal proceedings. Our violent crime defense lawyers always investigate possible witnesses and often hire our own independent psychologists to evaluate our clients. We thoroughly prepare for trial and attempt to provide the best possible defense for our clients. Our attorneys can be contacted by phone at 1-888-749-0034.