State v. Nance In a prior trial, defense counsel ineffectively executed a strategy of not contesting guilt and of mitigating defendant’s actions in an attempt to avoid the death penalty. We awarded a new trial, and the only eyewitness has now passed away. Defense counsel’s strategy in the original trial of not cross-examining the eyewitness was not ineffective, and, at defendant’s new trial, the late eyewitness’ testimony may be read to the jury without violating defendant’s rights under the Confrontation Clause.
We reverse the trial court’s order granting defendant’s motion to suppress the eyewitness’ testimony from the original trial.
Tagged with: Attorneys confrontation clause Constitutional Criminal Practice ineffective assistance New Trial
Read More »