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Ineffective Assistance of Counsel and Failure to appeal or inform the defendant of possible options.

Houston, TX |

MURDER TRIAL: Defendant wins 1st appeal & is granted a new trial based on the Accomplice-Witness Rule. The star witness for the prosecution was also originally charged w/murder for the same case but, was given a charge of attempted murder in exchange for his testimony against the defendant. There was no physical evidence nor were there any other witnesses to the actual crime other than the witness & the defendant. So, it came down to one person's word against the other.

2nd Trial: Prosecution again calls upon the same witness to testify. The only other witnesses they called upon were character witnesses.

There was no witness that could corroborate the accomplice’s testimony and as I have learned from a previous question I posted (http://www.avvo.com/legal-answers/accomplice-witness-rule--1257467.html) the jury should not have been able to convict based on the accomplice’s testimony alone. However, that is exactly what happened. Same defense counsel represented in both trails but, different judge and prosecutors. The state did not present any new evidence corroborating the witness’s testimony. Logical assumption especially, since the attorney was defense counsel for the 1st trial, he should have recognized that the state again violated the Accomplice-Rule. However, the defense counsel did nothing. Under these circumstances what should he have done or what options should he have advised the defendant of? Since he did nothing and failed to advise the defendant of any options or possible objections would this also be grounds for a claim of Ineffective Assistance of Counsel?

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Attorney answers 3

Posted

Please stop posting the same question. Consult an appellate attorney in your area. No one can give you accurate feedback based on this information. They would have to read the entire record in the case.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Asker

Posted

I didn't post the same question! The additional and supporting information is the same but, QUESTION IS DIFFERENT and a question that I would imagine can be answered without needing the entire record.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

My answer is the same to every variation of this question. Hire a local appellate attorney. You imagine wrong.

Posted

Please refer your question to a post-conviction appeal specialist. It's impossible to answer your question without a full and objective investigation of the facts and circumstances surrounding your case. Additionally, I'm always suspect when someone says their lawyer "did nothing." Defense lawyers rarely do nothing. Most of the time their actions are limited by the facts, over which they had no control.

Asker

Posted

Here is 440 pages of cases of where the defense attorney didn't do what they were suppose to do. http://www.capdefnet.org/hat/contents/constitutional_issues/ineffective_assist/IAC%20Post-Wiggins%208-26-12.pdf

Harry Edward Hudson Jr

Harry Edward Hudson Jr

Posted

No one here has the time to devote to the pages posted and that probably is not sufficient information. If there was an error of the magnitude you allude to and believe occurred, that can be raised on appeal.

Posted

In your post you said, "the jury should not have been able to convict based on the accomplice’s testimony alone."

I would assume the State did not call that one witness, then rest their case. If there was other evidence introduced, such as the crime scene evidence, autopsy, etc., then the conviction was not a result of the accomplice's testimony alone, but that testimony together with the rest of the evidence.

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