Appellate Insights
Legal analysis, practice pointers, and updates on criminal appeals and post-conviction relief in Georgia and Federal courts.
I Will Follow (Up): The Duty To Investigate As It Relates To IAC
In the Sixth Circuit case of Upshaw v. Stephenson, a failure to interview alibi witnesses led to a successful Ineffective Assistance of Counsel (IAC) claim. This post explores the “duty to investigate” and why trial attorneys cannot simply invoke “strategy” to excuse a failure to follow up on critical client leads.
Pleas Pleas Tell Me Now: How To Assure That Your Client’s Second Thoughts Don’t Wind Up Being A Laffler/Frye Claim Against You
Plea negotiations are a high-stakes minefield for defense attorneys. By examining United States v. Kearn, we look at how to protect yourself and your client from Laffler/Frye claims through meticulous documentation, clear communication, and ensuring your client has the time needed to make life-altering decisions.
Overcoming Ineffective Assistance of Counsel: Do Your Homework!
What happens when a defense attorney misses a recent, controlling case? In United States v. Williams, the Fourth Circuit vacated a sentence because counsel failed to “do their homework” on sentencing enhancements. Learn why constant legal research is vital to providing effective assistance and avoiding costly errors in federal court.