PCR Exhibits - Alaska State of Corruption

Exhibit 35
SUCCESSFUL INEFFECTIVE ASSISTANCE OF COUNSEL
CLAIMS SINCE WIGGINS
Supreme Court
Wiggins v. Smith, 539 U.S. 510 (U.S. Supreme Court 2003) Counsel ineffective for failing to
adequately prepare and present mitigation [evidence].
Erroneous Advice
Nunes v. Mueller, 350 F.3d 1045 (9 th Cir. 2003) Counsel was ineffective for giving the defendant
incorrect information and advice concerning the state’s plea offer, which resulted in the
defendant rejecting the offer.
United States v. Mooney, 497 F3d 397 (4 th Cir. 2007) Counsel ineffective for advising defendant
to plead guilty based on the erroneous assumption that no justification defense existed. Counsel’s
erroneous legal advice resulted from a failure to conduct the necessary legal investigation.
Counsel in criminal cases are charged with the responsibility of conducting “appropriate
investigations, both factual and legal, to determine if matters of defense can be developed.”
Julian v. Bartley, 495 F.3d 487 (7 th Cir. 2007) Counsel ineffective in plea negotiations for
incorrectly advising the defendant. Prejudice established because the information was “precisely
the type of information that is likely to impact a plea decision.” New trial granted.
Maples v. Stegall, 427 F.3d 1020 (6 th Cir. 2005) Counsel ineffective based on counsel’s incorrect
advice. The defendant was prejudiced because he would not have pled guilty absent this
incorrect advice.
Moore v. Bryant, 348 f.3d 238 (7 th Cir. 2003) Counsel was ineffective for giving erroneous
advice.
McBroom v. Warren, 542 F.Supp.2d 730 (Mich. 2008) Counsel ineffective in incorrectly
advising the defendant of the law.
U.S. v. Marcos-Quiroga, 478 F.Supp. 2d 1114 (Iowa 2007) Counsel ineffective for erroneously
advising the defendant.
State v. Patel, 626 S.E.2d 121 (GA 2006) Counsel was ineffective for making affirmative
misrepresentations to the defendant. [C]ounsel here made an affirmative misrepresentation in
response to the defendants specific inquiries.
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