PCR Exhibits - Alaska State of Corruption

United States v. Hernandez, 450 F. Supp. 2d 950 (Iowa 2006) Counsel ineffective for failing to
adequately advise the defendant, which resulted in the defendant declining to plead guilty and
testifying during the trial. Prejudice established because the defendant, if counsel had performed
adequately, would have received a lesser sentence.
United States v. White, 371 F. Supp. 2d 378 (N.Y. 2005) (2 nd Cir. 2007) Counsel was ineffective
for failing to adequately advise the defendant, which resulted in the defendant rejecting a plea
agreement. If defendant had been adequately advised he most likely would have accepted the
plea offer.
People v. Owens, 894 N.E.2d 187 (Ill. 2008) Counsel ineffective for failing to consult with the
defendant concerning a motion to reconsider sentence. “[T]he attorney’s failure to consult with
the defendant during a critical stage of the proceedings” was deficient and the defendants ability
to preserve his sentencing arguments for appeal was prejudiced.
State v. Hunter, 143 P3d 168 (N.M. 2006) Counsel ineffective for failing to adequately advise
the defendant.
State v. Lamb, 804 N.E.2d 1027 (Ohio 2004) Counsel ineffective for failing to object to the trial
court’s failure to inform the defendant. Counsel’s conduct was deficient and prejudicial in failing
to object to the trial courts error.
Failure to Enforce Subpoena
United States v. Edmond, 63 M.J. 343 (C.A.A.F. 2006) Counsel ineffective for failing to secure
the testimony of a subpoenaed defense witness.
Failure to Request Jury Instructions
J.J. v. State, 858 N.E.2d 244 (Ind. 2006) Counsel ineffective for failing to inform jury that the
defendants alleged accomplice had been granted use immunity. Prejudice found because the
witness’ testimony was of great consequence.
State v. Kougl, 97 P.3d 1095 (Mont. 2004) Counsel ineffective for failing to request jury
instructions on accomplice testimony. In addition, although counsel informed the jury to view
accomplice testimony with suspicion, “hearing this from counsel…is not the same as hearing it
from the court.”
Failure to Protest Prosecutorial Misconduct
Martin v. Grosshans, 424 F.3d 588 (7 th Cir. 2005) Counsel ineffective for failing to object to
improper testimony and argument. “[E]ven if these errors, in isolation, were not sufficiently
prejudicial, their cumulative effect prejudiced…[the] defense.”
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