Ineffective Assistance of Counsel
Analysis of IAC claims in criminal appeals — when defense counsel's errors meet the constitutional threshold and how deficient representation becomes grounds for post-conviction relief.
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…
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…
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…