Ineff. Assist. Counsel (IAC) Archives

Categories: Evidence, Ineff. Assist. Counsel (IAC), Right to Counsel, Scientific Evidence

Summary

Trial counsel was prejudicially ineffective for failing to present evidence of the identity of a man whose DNA was found in a murder victim's fingernail scrapings despite a court order allowing counsel to do so. In 1983, a woman was…

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Name: People v. Brewer

Case #: C089676

Opinion Date: 06/07/2021

Categories: Cruel and Unusual Punishment, Ineff. Assist. Counsel (IAC), Right to Counsel, Sentencing

Summary

Even assuming defendant was developmentally disabled, trial counsel did not provide ineffective assistance when he failed to challenge defendant's 63-year sentence for multiple armed robberies as cruel or unusual. Brewer was convicted of a series of robberies, with firearm enhancements,…

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Name: People v. Clotfelter

Case #: A155659

Opinion Date: 06/02/2021

Categories: Evidence, Ineff. Assist. Counsel (IAC), Insufficiency/Sufficiency of, Right to Counsel

Summary

There was insufficient evidence to establish defendant's conduct was objectively irritating or disturbing to support a conviction for annoying or molesting a child. Defendant was convicted of multiple sex crimes in the 1980's and sentenced to 10 years in state…

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Name: In re Long

Case #: S249274

Opinion Date: 11/30/2020

Categories: Evidence, Expert Witness, Extraordinary Remedies, Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Right to Counsel

Summary

Opinion By: Justice Liu (unanimous decision) Trial counsel provided ineffective assistance by failing to consult a time of death expert where the timeline was crucial to the defense theory of the case. In 2005, petitioner Long was convicted of the…

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Name: People v. Sanchez

Case #: B291127

Opinion Date: 08/15/2019

Categories: Fines/Fees/Assessments, Ineff. Assist. Counsel (IAC), Legislation, Right to Counsel, Sentencing, Statutory Construction

Summary

Prosecutor did not misstate intent element of charged offense, so defense counsel's failure to object could not constitute deficient performance. Defendant, a 33-year-old woman, French kissed, groped, and kissed the breasts of a female family member a little before and…

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Name: People v. Julian

Case #: B289613

Opinion Date: 04/29/2019

Categories: Admitting/Excluding, Evidence, Ineff. Assist. Counsel (IAC), Right to Counsel

Summary

Inadmissible statistical evidence went beyond the permissible scope of CSAAS evidence. At Julian's trial for various charges of child molestation, prosecution witness Anthony Urquiza, a clinical psychologist, testified about the child sexual abuse accommodation syndrome (CSAAS) theory and statistical data…

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Name: In re Hernandez

Case #: G054623

Opinion Date: 03/26/2019

Categories: Extraordinary Remedies, Habeas Corpus (State), Ineff. Assist. Counsel (IAC), Right to Counsel

Summary

Habeas petitioner established she was prejudiced by counsel's ineffective assistance where he failed to advise her that her guilty plea would result in mandatory deportation and there was evidence she would not have entered the plea if properly advised. On…

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Name: Garza v. Idaho

Case #: 17-1026

Opinion Date: 02/27/2019

Categories: Appeals, Duties of Counsel, Ineff. Assist. Counsel (IAC), Right to Counsel

Summary

The presumption of prejudice recognized in Roe v. Flores-Ortega when trial counsel fails to file a notice of appeal when instructed applies regardless of whether the defendant has signed an appeal waiver. Garza signed two plea agreements, each containing a…

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Name: People v. Bonilla

Case #: C082144

Opinion Date: 11/29/2018

Categories: Ineff. Assist. Counsel (IAC), Motion for New Trial, New Discovered Evid, Right to Counsel, Sentencing, Wobblers

Summary

Trial counsel was not ineffective for failing to defend against vandalism charges by asserting the victim's violation of a civil statute because a person may not commit a crime in response to the breach of a civil statute. The three…

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Name: People v. Lavoie

Case #: E068328

Opinion Date: 12/03/2018

Categories: Amendments, Ineff. Assist. Counsel (IAC), Pleadings, Right to Counsel, Right to Jury Trial, Trial Proceedings, Waiver of Jury Trial

Summary

After jury was discharged and defendant waived his right to a jury trial on his priors, trial court erred by allowing the prosecution to substantially amend the information to change the date, place, and the offense alleged as a strike…

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