Patrick T. McNallyAttorney at Law

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Posts tagged "Ineffective Counsel"

'Serial' podcast defendant Adnan Syed granted a new trial

What is ineffective assistance of counsel in a criminal case? Thanks to the Sixth Amendment and associated court rulings, criminal defendants are entitled to the assistance of counsel -- and that counsel is to be effective. However, the standards for determining when counsel has been constitutionally ineffective are hard to meet.

SCOTUS rules in favor of poorly-advised immigrant who pled guilty

A South Korean immigrant will not be deported after pleading guilty to a drug crime after being badly advised by his criminal defense attorney. This is an interesting development, because it involves a guilty plea. If he had tried to get the plea itself reversed, he likely would not have succeeded. However, the U.S. Supreme Court has ruled that the negative immigration consequences can be averted in such a circumstance.

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