Do Not Pin Your Hopes on Ineffective Assistance of Counsel
A criminal defendant is constitutionally entitled to a lawyer practicing at or above the standard of professional reasonableness. What does that mean? Very little, according to appellate courts in Michigan.
The Most Common Appeals Focus on the Standard for Ineffective Assistance of Counsel
Maybe the most common claim on appeal from a felony or misdemeanor conviction is Ineffective Assistance of Counsel. The standard to succeed on a claim of ineffective assistance of counsel, a defendant must prove that trial counsel’s “performance was deficient” and that deficiency “prejudiced the defense.”
A defendant must prove that their lawyer’s performance “fell below an objective standard of reasonableness under prevailing professional norms” to establish deficient performance. A defendant must also demonstrate that, but for their attorney’s performance, the outcome of his trial would have been different.
Donald v. Lloyd Rapelje – Ineffective Assistance of Counsel
In a recent case, Cory Donald v. Lloyd Rapelje, the Federal District Court in Southeastern Michigan finally ruled in a defendant’s favor. What did it take? His attorney had to literally leave the room to be found to be ineffective.
What is the really horrible part of the story? The Michigan Court of Appeals found that the defendant had NOT been denied effective assistance! The Michigan Court System found that the attorney…who was not even in the courtroom while a police officer was testifying…was a constitutionally satisfactory lawyer.
The federal court found that the petitioner was denied his Sixth Amendment right to counsel when trial counsel was absent during a critical stage of the trial. Petitioner’s counsel was missing for approximately 15 minutes while the police sergeant was examined by the prosecutor and cross-examined by counsel for the codefendants concerning cell phone calls made from the codefendants’ phones at the time of the murder. When Petitioner’s attorney was informed, counsel had no objection.
Because Petitioner’s counsel was absent, Petitioner could not challenge the implicit connection between himself and his codefendants. The prosecutor used the phone calls to implicate Petitioner in the murder, and counsel’s presence was necessary to mitigate the damage. Petitioner was denied his right to effective assistance of counsel. Counsel exercised lousy judgment in removing himself from the courtroom during the proceedings where Petitioner’s substantial rights were concerned. Had counsel been present, he could have objected to some of the testimony and requested a limiting instruction. Counsel’s absence denied Petitioner a fair trial.
What should a retained criminal defense lawyer do for their client?
Retained criminal defense counsel plays a crucial role in safeguarding the rights and interests of their clients throughout the legal process. Here are some key responsibilities and actions that retained criminal defense counsel, such as the attorneys with LEWIS & DICKSTEIN, P.L.L.C., undertake for their clients:
- Thorough Case Assessment: The attorney should conduct a comprehensive assessment of the case, including reviewing all available evidence, police reports, witness statements, and any other relevant documents. This helps in understanding the strengths and weaknesses of the case.
- Legal Strategy Development: Based on the case assessment, defense counsel should formulate a clear legal strategy tailored to the client’s specific situation. This may involve identifying potential legal defenses, negotiating plea bargains, or preparing for trial.
- Communication: Effective communication is vital. Attorneys should maintain open and transparent communication with their clients, ensuring they are informed about the progress of the case, legal options, and potential outcomes.
- Protection of Rights: Defense counsel must protect their client’s constitutional rights at all stages of the legal process. This includes ensuring law enforcement did not violate the client’s rights during arrest, questioning, or search and seizure.
- Legal Research: Attorneys should conduct thorough legal research to identify relevant statutes, case law, and legal precedents that may support the client’s defense or challenge the prosecution’s case.
- Investigation: If necessary, the defense attorney should conduct their own investigation. This may involve interviewing witnesses, gathering evidence, and hiring experts to evaluate forensic evidence or provide expert testimony.
- Pretrial Motions: Defense counsel may file pretrial motions to suppress evidence, dismiss charges, or request a change of venue, among other things, to improve the client’s position in the case.
- Negotiation: In cases where a trial may not be in the client’s best interest, defense counsel should negotiate with the prosecution to secure a favorable plea agreement that minimizes potential penalties.
- Trial Preparation: If the case goes to trial, the attorney should meticulously prepare by selecting a jury, presenting evidence, cross-examining witnesses, and making persuasive arguments in court.
- Client Support: Beyond legal representation, defense counsel should provide emotional support and guidance to clients, especially in high-stress situations. They should help clients make informed decisions about their case.
- Ethical Conduct: Defense counsel should adhere to the highest ethical standards, maintaining confidentiality and avoiding conflicts of interest that could compromise the client’s interests.
- Appeals and Post-Conviction Relief: If necessary, the attorney should explore options for appeals or post-conviction relief to challenge convictions or sentences that may have been unjust.
- Continual Education: Criminal law is ever-evolving. Top defense attorneys stay updated on changes in the law, precedents, and legal strategies to provide the best possible representation for their clients.
Retained criminal defense counsel should serve as dedicated advocates for their clients, ensuring their rights are protected, crafting effective legal strategies, and providing support throughout the legal process. Their goal is to secure the best possible outcome for their clients, whether through negotiation, trial, or other legal avenues. Some retained attorneys provide mediocre representation because they know the standard for ineffective assistance of counsel is low. Conversely, the team of lawyers with LEWIS & DICKSTEIN, P.L.L.C. collaborate and work together to provide the highest possible caliber of defense available in Michigan.
Only a Great Criminal Defense Attorney Can Protect You from Michigan Courts and Prosecutors.
If you are charged with a felony or misdemeanor, and the outcome of the case is important to you and your family, you need LEWIS & DICKSTEIN, P.L.L.C. by your side. The criminal defense attorneys who form the elite criminal defense team with LEWIS & DICKSTEIN, P.L.L.C. are fearless, tireless, and highly effective. We will not back down from any judge or prosecutor abusing our client’s rights. We are not afraid to win!
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
