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Posts tagged "Ineffective Assistance of Counsel"

Counsel Not Ineffective For Not Using an Expert Witness

Ineffective assistance of counsel in the original trial or appeal is an often asserted claim when people convicted of crimes are attempting to gain retrials through the statutory post-conviction process. Because effective assistance of counsel in a criminal trial and direct appeal is a constitutional right, having ineffective counsel during those proceedings is a constitutional violation which can result in a new trial. In the recent Tennessee case of Hawkins v. State, M2012-02293-CCA-R3-PC (Tenn.Crim.App. 11-26-2013), the Court of Criminal Appeals affirmed a post-conviction court ruling rejecting the claim that counsel in an aggravated child abuse case was ineffective for not obtaining and using a medical expert to rebut the state's evidence that the victim suffered 'shaken baby syndrome.'

Counsel Not Ineffective For Not Using an Expert Witness

Ineffective assistance of counsel in the original trial or appeal is an often asserted claim when people convicted of crimes are attempting to gain retrials through the statutory post-conviction process. Because effective assistance of counsel in a criminal trial and direct appeal is a constitutional right, having ineffective counsel during those proceedings is a constitutional violation which can result in a new trial. In the recent Tennessee case of Hawkins v. State, M2012-02293-CCA-R3-PC (Tenn.Crim.App. 11-26-2013), the Court of Criminal Appeals affirmed a post-conviction court ruling rejecting the claim that counsel in an aggravated child abuse case was ineffective for not obtaining and using a medical expert to rebut the state's evidence that the victim suffered 'shaken baby syndrome.'

Counsel Not Ineffective For Not Using an Expert Witness

Ineffective assistance of counsel in the original trial or appeal is an often asserted claim when people convicted of crimes are attempting to gain retrials through the statutory post-conviction process. Because effective assistance of counsel in a criminal trial and direct appeal is a constitutional right, having ineffective counsel during those proceedings is a constitutional violation which can result in a new trial. In the recent Tennessee case of Hawkins v. State, M2012-02293-CCA-R3-PC (Tenn.Crim.App. 11-26-2013), the Court of Criminal Appeals affirmed a post-conviction court ruling rejecting the claim that counsel in an aggravated child abuse case was ineffective for not obtaining and using a medical expert to rebut the state's evidence that the victim suffered 'shaken baby syndrome.'

Post-Conviction Limitations Not Tolled by Lack of Knowledge

There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner's control prevented the petitioner from having a reasonable opportunity to file a claim within the limitations period. However, lack of knowledge of the basis of a claim does not create such an exception, where the basis for the claim has not been concealed. In the recent Tennessee case of Onate v. State, M2013-00531-CCA-R3-PC (Tenn.Crim.App. 8-28-2013), the Court of Criminal Appeals affirmed the trial court ruling that a petition was untimely, where the petitioner asserted he had not been made aware of the immigration consequences of his guilty plea in time to file a petition within the limitations period.

Post-Conviction Limitations Not Tolled by Lack of Knowledge

There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner's control prevented the petitioner from having a reasonable opportunity to file a claim within the limitations period. However, lack of knowledge of the basis of a claim does not create such an exception, where the basis for the claim has not been concealed. In the recent Tennessee case of Onate v. State, M2013-00531-CCA-R3-PC (Tenn.Crim.App. 8-28-2013), the Court of Criminal Appeals affirmed the trial court ruling that a petition was untimely, where the petitioner asserted he had not been made aware of the immigration consequences of his guilty plea in time to file a petition within the limitations period.

Post-Conviction Limitations Not Tolled by Lack of Knowledge

There is a one year statute of limitations in Tennessee for filing a petition for post-conviction relief (challenging the constitutionality of the underlying conviction) from a final judgment in a criminal case. There are statutory and due process exceptions to strict application of the limitations period in cases where circumstances beyond a petitioner's control prevented the petitioner from having a reasonable opportunity to file a claim within the limitations period. However, lack of knowledge of the basis of a claim does not create such an exception, where the basis for the claim has not been concealed. In the recent Tennessee case of Onate v. State, M2013-00531-CCA-R3-PC (Tenn.Crim.App. 8-28-2013), the Court of Criminal Appeals affirmed the trial court ruling that a petition was untimely, where the petitioner asserted he had not been made aware of the immigration consequences of his guilty plea in time to file a petition within the limitations period.

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