Pretrial Preparation
The 1st District Court of Appeals of Illinois held that an individual is entitled to a new trial due to ineffective assistance of counsel where defense counsel failed to communicate sufficiently with their client and investigate a witness that was flagged by the client. The court stated in relevant part: An attorney’s failure to communicate…
In People v. Clark-Collins, the Supreme Court of Colorado remanded the case ordering the district court to amend its standing order on the presentation and scope of testimony and evidence at a reverse transfer hearing as follows: “While the trial court has significant discretion regarding the presentation of evidence and the application of the rules of evidence, there are limits. In…
Abstract: “Nearly sixty years ago, In re Gault guaranteed children in juvenile court the right to counsel. However, Gault fell short. While recognizing children’s distinct vulnerability, the Court created a right for children that is weaker than that of adults and failed to recognize how youth in fact require a more expansive right to counsel. Grounded in the stories of…
In State v. K.A.B., the Court of Appeals of Washington held that the youth was entitled to a new capacity hearing based on defense counsel’s failure to thoroughly present a diminished capacity defense and the juvenile court’s application of an incorrect standard for capacity to commit a crime. The court offered the following language in support: “We reverse K.A.B.’s conviction because she received ineffective assistance of counsel. We…
