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Tag Archives: Ineffective Assistance of Counsel

Criminal Practice – PCR – Constitutional – Jury Trial Right – Waiver – Ineffective Assistance of Counsel (access required)

Moore v. State Even though petitioner’s trial counsel testified that petitioner definitely wanted a bench trial, counsel had little recollection of his discussions with petitioner about a jury trial versus a bench trial, and petitioner testified that he wanted a jury trial.

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Criminal Practice – Habeas Corpus – Ineffective Assistance of Counsel – Direct Examination – Prior Criminal Record (access required)

Credell v. Bodison The result in the petitioner’s trial probably would have been different had the assistance of the petitioner’s counsel been effective, and such probability is sufficient to undermine the court’s confidence in the outcome of the state court trial. The state trial court counsel committed a series of acts and omissions which were outside the “wide range of professionally competent assistance.” Strickland v. Washington, 466 U.S. 668 (1984). The court grants the petition for writ of habeas corpus in part and denies the petition in part.

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