Do I have a chance at winning appeal based on ineffective assistance of counsel, and numerous other errors in the trial?

There were jurors that knew the presiding judge. The person who ID me wasn't even there when the crime was supposedly committed, My finger prints didn't match, I passed a lie detector test. I'm just guilty for being known in a certain area of the city, and being at the wrong place at the wrong time.
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Answers (3)

Joseph Briscoe Dane

Joseph Briscoe Dane

Contributor Level 8
The following is based on general principles of law, as I do not specifically practice in your jurisdiction.

In general, appeals are based on errors in the procedure of the trial, not an opportunity to re-argue the facts.

First - before you worry about an appeal, you (and presumably your new attorney) should discuss a motion for a new trial. That must occur before sentencing. If you've already been sentenced, then you must file a notice of appeal in a timely fashion (for example, in CA, it must be filed within 60 days).

From there, the appeal will look at procedural irregularities and may include your claim of ineffective assistance of counsel. There's just too much case-specific information that can't be covered here. You'll need an in-person consultation with a criminal defense attorney that specializes in appellate work.

Good luck.
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John M. Kaman

John M. Kaman

Contributor Level 10
Without commenting on your specific complaint ineffective assistance of counsel is usually a losing argument. Anyone can second guess what trial counsel did. Moreover most of the time he will have had a strategy in mind even if it didn't work. That is not ineffective assistance of counsel. You have to have something more--sleeping during the trial, drunk in court, and you have to be prejudiced by it. If your guilt is clear despite your counsel's errors you better find another argument.
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Ewen E Allison

Ewen E Allison

Contributor Level 3
The test is whether an attorney both fell short of professional standards and those shortfalls hurt your case, that is, made it possible for a jury to come to a different decision. If your trial attorney knew that the witness wasn't there but didn't bring this point out at trial, I would, as your attorney on appeal, look much more closely at the whole case. Please call. Ewen Allison 202-756-1960.
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