Eyewitness identification expert witness is prohibited from testifying. Trial court makes the same kind of mistakes that the expert was warning about! It was error to flatly deny the use of this expert in this murder trial. [Read more…]
Ineffective assistance of counsel from cross examination results after defense attorney asks one little question. This was a classic example of asking one too many questions. Should have sat down before damage was done. [Read more…]
A subtle error with prior consistent statement leads to a finding of ineffective assistance of counsel and a reversal in a murder case
Impeachment of a witness went a tad too far. [Read more…]
Can letters from family members be supporting affidavits?
Yes, but here Defendant's supporting affidavits were two letters from her mother and brother held were together with tape. [Read more…]
What is an affidavit?
Defendant's postconviction petition did not have a proper supporting affidavit so it was proper to dismiss it. This case also explains quite well the difference between a verifying petition and a supporting affidavit. [Read more…]
Challenging the veracity of witnesses in court, after his murder conviction, is a losing appeal for this defendant. He says the witnesses had a motive to lie and the jury should not have believed them. [Read more…]