Appeals court hears claim that defense counsel failed to press lost-note evidence in Teixeira case In Commonwealth v. Ron Teixeira, defense counsel argued trial counsel was ineffective for not developing a record about a missing note the defense says could have impeached the victim; the Commonwealth replied that the defense retained an expert and the judge found only negligence in the loss of the note. The matter was submitted for decision.

Could a missing note hold the key to justice in the Ron Teixeira case?

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Appeals court hears argument that failure to give necessity instruction deprived Harriot of defense In Commonwealth v. Harriot, defense counsel argued trial counsel’s failure to request a necessity instruction was prejudicial and amounted to ineffective assistance; the Commonwealth said the record lacks evidence of imminent danger and effective alternatives were available.

In a gripping legal battle, the court weighs whether Stacy Harriot was denied a crucial defense in the face of chaos, gunfire, and her family's safety.

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#MA #LegalDefense #IneffectiveAssistance #PublicSafety #CitizenPortal

Appeal also highlights post‑trial discovery delay and whether ineffective‑assistance claims were lost During oral argument in State v. Charlie Martinez, judges and counsel debated whether a nine‑month delay by the State in responding to post‑trial discovery requests prevented defense from pressing an ineffective‑assistance claim at the motion for new trial stage; the court heard arguments and reserved decision.

A nine-month delay in the State's response could mean the difference between justice and a lost claim for ineffective assistance in the Martinez appeal.

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#TN #CitizenPortal #LegalReform #IneffectiveAssistance #PostTrialDiscovery #TennesseeCourtCases

CA court reverses resentencing after defense counsel delayed for 18 months but failed to file a memo or advocate meaningfully. Ineffective assistance found under Strickland v. Washington. Read more [subscription required]: https://ow.ly/85e650Xme4f #IneffectiveAssistance #CaliforniaCriminalLaw

Circuit split tweet: Different federal appeals courts disagree on whether AEDPA deference applies to #ineffectiveAssistance claims in cause-and-prejudice analysis. #HabeasCorpus Third, Sixth, Ninth Circuits review de novo; Seventh Circuit applies AEDPA standard.

Lewis v. Emig (24-821 @3rdCir): Whether appellate counsel was #IneffectiveAssistance for failing to raise clear #FourthAmendment evidence suppression arguments preserved at trial. Challenges standards of direct appeal representation. https://tinyurl.com/24peynk5

Portillo v. United States (24-748 @5thCir): Whether court must review merits of omitted appellate issue before assessing #IneffectiveAssistance under #Strickland standard. Challenges appellate counsel review framework. https://tinyurl.com/27ejw6rj

Portillo v. United States (24-748 @5thCir): Whether courts must review merits of omitted appellate issues before assessing #IneffectiveAssistance of counsel under #Strickland standard. Challenges appellate review procedure. https://tinyurl.com/27ejw6rj