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…]