My jurisdiction is: New Mexico
My friend was convicted of 3 felony counts and sentenced to 54 years in NM state prison in 2005. An appeal has been in process since late '05 based on specific errors by the judge plus a claim (plain error) of ineffective counsel. The appellate opinion rendered last week affirmed the 3 felony convictions, but remanded to the district court for an evidentiary hearing. In question is the admissibility of expert witness testimony, both for and against the defendant (different experts), as well as the claim of ineffective counsel (in this case, nothing egregious like a missing or drunk or sleeping attorney, but a poorly-constructed defense strategy as well as several tactical mistakes noted in both the record and the appellate opinion - the opinion stated 'this begs for an evidentiary hearing.')
My question is: what are the possible outcomes of the evidentiary hearing, given the three convictions were affirmed:
a) a whole new trial;
b) reversal of the convictions and acquittal of the defendant;
c) a lot of paperwork but no change to the defendant's sentence;
d) something else
While I can grasp the basics of the slip opinion in the case, neither the defendant nor I have any idea what happens next, whether he needs to retain new representation, or where to turn next, or if this is basically a formality and nothing will come of it that affects his sentence.
My friend was convicted of 3 felony counts and sentenced to 54 years in NM state prison in 2005. An appeal has been in process since late '05 based on specific errors by the judge plus a claim (plain error) of ineffective counsel. The appellate opinion rendered last week affirmed the 3 felony convictions, but remanded to the district court for an evidentiary hearing. In question is the admissibility of expert witness testimony, both for and against the defendant (different experts), as well as the claim of ineffective counsel (in this case, nothing egregious like a missing or drunk or sleeping attorney, but a poorly-constructed defense strategy as well as several tactical mistakes noted in both the record and the appellate opinion - the opinion stated 'this begs for an evidentiary hearing.')
My question is: what are the possible outcomes of the evidentiary hearing, given the three convictions were affirmed:
a) a whole new trial;
b) reversal of the convictions and acquittal of the defendant;
c) a lot of paperwork but no change to the defendant's sentence;
d) something else
While I can grasp the basics of the slip opinion in the case, neither the defendant nor I have any idea what happens next, whether he needs to retain new representation, or where to turn next, or if this is basically a formality and nothing will come of it that affects his sentence.
