Wrongful Conviction

[coolmom31684]

Husband was convicted of class y felony of rape of a minor. He was accused of digital rape, the victim alleged that it happened at a house where she was never at. We have filed an appeal for ineffective counsel, our lawyer never challenged the testimony of the girl, never put my husband on the stand to tell his side of the story, never put mother on the stand so she could say the girl was never kept at the residence and never put our expert witness on the stand to say the girl was coached. I was just wondering what our chances are on getting an appeal and a retrial.

 

[jharris352]

Did you use an attorney to file the appeal? Appeals are not easy or intuitive.

Never challenging the testimony of the girl is a trial strategy not ineffective assistance.

Not putting your husband on the stand is also a trial strategy.

Not putting the Mother on the stand to say the Child was never kept there MIGHT be a point if you know for sure that is what she would say. I'm not sure how you do that in an appeal. Has the Mother given you an affidavit saying the attorney knew her potential testimony and that it is that the girl was never at that residence?

Why would an attorney employ expert witnesses who come up with exculpatory evidence and not put them on? If that can be shown it can be good for you.

Look up Strickland v. Washington USSC it is the go to case for ineffective assistance.

There is a two pronged attack that is a pretty steep hill:

1. You have to show that the attorney made an error that reaches the level of ineffective assistance. (Not just strategy that went wrong) (The attorney has to do or not do something so severe that it effectively leaves the defendant without counsel).
2. Then if you have number one you have to show that, were it not for the error in division 1, that the verdict of the trial would likely have been different.

Both are VERY HARD to show and you have little chance of success, but it is worth a try. Good luck if he is truly not guilty I hope you win.