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PCR Exhibits - Alaska State of Corruption

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Revell v. <strong>State</strong>, 989 So. 2d 751 (Fla. 2008) “Counsel’s failure to accurately advise his client<br />

when considering the <strong>of</strong>fer <strong>of</strong> a plea negotiation amounts to ineffective assistance.”<br />

David v. Murrell, 619 S.E.2d 662 (GA 2005) Counsel was ineffective. Counsel’s conduct was<br />

deficient because counsel affirmatively misinformed the defendant that he would be eligible for<br />

parole and sentence review when neither was true. Prejudice found.<br />

Hernandez v. Commissioner <strong>of</strong> Correction, 846 A.2d 889 (Conn. 2004) Counsel ineffective for<br />

erroneously advising the defendant. Counsel’s conduct was deficient and the defendant was<br />

prejudiced because he likely would not have entered the plea absent counsel’s misadvice because<br />

defendant had a plausible self-defense argument and the court had already excluded the<br />

testimony <strong>of</strong> the only state’s witness that could testify about the defendant’s motive to commit<br />

murder.<br />

Failing to Suppress <strong>State</strong>ment<br />

Moore v. Czerniak, 534 F.3d 1128 (9 th Cir. 2008) Counsel ineffective for failing to object to the<br />

admissibility <strong>of</strong> the petitioner’s confession. [H]ad his counsel filed the motion is sufficient to<br />

undermine confidence in the outcome as “the state’s case would have been far weaker.”<br />

People v. Hernandez, 840 N.E.2d 1254 (Ill. 2005) Counsel ineffective for failing to move to<br />

suppress the defendant’s videotaped statement to an assistant prosecutor. Prejudice found<br />

because the statement would have been excluded and the state’s case was largely based just on<br />

this statement.<br />

United <strong>State</strong>s v. Little, 851 A.2d 1280 (D.C. 2004) Counsel ineffective for failing to timely move<br />

to suppress the defendant’s statement. If counsel had adequately investigated, counsel would<br />

have also been aware that the issue had merit. There was also a reasonable probability <strong>of</strong> a<br />

different outcome at trial if the statement had been suppressed.<br />

United <strong>State</strong>s v. Hilliard, 392 F.3d 981 (8 th Cir. 2004) Counsel ineffective for failing to timely<br />

file a post-trial motion. Counsel’s conduct was deficient and was “a class dereliction” <strong>of</strong> duty.<br />

Prejudice was found because the district court found that the motion would have been granted<br />

because “a miscarriage <strong>of</strong> justice was likely done here.”<br />

<strong>State</strong> v. Robertson, 924 So. 2d 1201 (La. 2006) Counsel ineffective for failing to object to<br />

admission in evidence <strong>of</strong> the defendant’s letter to the prosecution. Counsel’s conduct was<br />

deficient because counsel was unaware <strong>of</strong> the state law making this information clearly<br />

inadmissible. Prejudice found.<br />

People v. Hoerer, 872 N.E.2d 572 (Ill. 2007) Counsel ineffective for stipulating to the admission<br />

<strong>of</strong> the defendants testimony he entered into plea negotiations with the state. Prejudice established<br />

because, under state law, admission <strong>of</strong> this evidence is “considered so devastating and prejudicial<br />

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