defense investigation

Ineffective assistance of counsel is a claim that a criminal defendant may assert when their defense attorney’s inadequate representation constitutes a violation of their Sixth Amendment right to counsel.

However, not all cases concerning an attorney’s unsatisfactory performance entitle a defendant to relief. The 1984 landmark Supreme Court case of Strickland v. Washington outlined the two requirements for proving ineffective assistance of counsel: (1) counsel’s performance must be deficient under the circumstances, and (2) but for the counsel’s deficient performance, there is a reasonable probability that the outcome of the case would have been different.

Since inadequate representation creates unfair disadvantages to defendants, and often wrongful convictions, successful ineffective assistance of counsel claims may allow for an overturned conviction, vacated sentence or even a new trial.

The process of criminal pretrial discovery, which involves an exchange of information between parties, is guided by specific rules and limitations. Protective orders, for example, may limit what information is provided to the opposing party or to whom such information may be provided.

Although restricting information may seem like a detriment to the party seeking certain discovery, such restrictions are sometimes justified by public policy considerations such as fairness and privacy.

On June 4th, 2021, the Appellate Division of the Superior Court of New Jersey decided in State v. Ramirez, that the trial court abused its discretion in denying the State’s motion for a protective order to exclude a victim’s home address from discovery made available to the Defendant and his counsel. The Court came to this conclusion based on (1) the nature of the alleged sexual assault, and (2) the relevant matters of public policy.

Articles Tagged with defense investigation

Supreme Court Deals with IEC Claim in Jersey City Homicide Case

A Balancing Act: The Rights of the Accused v. The Rights of the Alleged Victim