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Name: People v. Adkins
Case #: D037784
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 11/19/2002
Subsequent History: None

In a murder prosecution, trial counsel failed to present the testimony of an independent pathologist to refute the time of death and the blood spatter expert’s testimony, and also failed to present evidence that it was counsel’s fault that Adkins missed two scheduled surrender dates. The appellate court affirmed, finding that Adkins could not establish ineffective assistance of counsel based on this record. There was no indication in the record as to whether trial counsel had consulted an expert or why he chose not to present one. Based on the physical evidence presented, it is doubtful an independent pathologist would have concluded any differently regarding the time of death. There is nothing to show that the blood spatter evidence may have been incorrect. The record is void of evidence about the surrender dates. Adkins failed to make even a prima facie showing that trial counsel’s performance fell below standards of reasonableness.