Tag

Ineffective Assistance

All articles tagged with #ineffective assistance

Experts weigh Kohberger's odds in overturning his plea deal
crime-and-justice1 month ago

Experts weigh Kohberger's odds in overturning his plea deal

Bryan Kohberger, who pleaded guilty to the Moscow, Idaho murders and was sentenced to life without parole, is seeking to withdraw his plea through post-conviction relief, alleging his lawyers made false promises and coerced the plea. While he waived the right to appeal, collateral relief can proceed if he can show the plea was involuntary or the lawyers provided ineffective assistance, or present new evidence. Idaho requires a showing of ‘manifest injustice’ to withdraw a guilty plea after sentencing, a high bar that experts say makes success unlikely; concrete, credible evidence (e.g., DNA on items at the scene or cellphone data) would likely be needed to tip the scales. The case will unfold in a post-conviction proceeding rather than a standard appeal, with legal analysts cautioning that the odds of overturning the plea are slim.

'QAnon Shaman' blames former lawyer for mishandling Jan. 6 videos.
law3 years ago

'QAnon Shaman' blames former lawyer for mishandling Jan. 6 videos.

Jacob Chansley, also known as the "QAnon shaman," is requesting to be resentenced for his role in the Jan. 6 insurrection, claiming his former lawyer provided "ineffective assistance" by failing to investigate video footage that could have supported his defense. Chansley's new attorney filed a motion arguing that his previous lawyer should have postponed his sentencing to obtain all video evidence of Chansley from inside the Capitol. The motion suggests that the video footage undermines prosecutors' claims that Chansley intended violence when he entered the Capitol. Chansley pleaded guilty to obstruction of an official proceeding and was sentenced to almost three-and-a-half years in prison.