Gregory Joseph Nester

Ineffective Assistance of Counsel The defendant tried to argue that if the "Invited Error" doctrine applies, it’s his lawyer's fault for asking for the wrong hearing in the first place. The Court’s View: The justice notes that while "Invited Error" doesn't stop a defendant from claiming their lawy...er was incompetent (ineffective assistance), that argument didn't work here. The court found that the lawyer's strategy—though it backfired—did not meet the high legal bar required to prove the lawyer was legally "ineffective." Summary in Plain English The justice is saying: "Technically, the State shouldn't have been allowed to ask to jail this guy because he didn't break any rules while out on bail. However, because the defendant’s own lawyer specifically asked for the hearing that led to him being jailed, the defendant isn't allowed to complain about it now."