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PCR Exhibits - Alaska State of Corruption

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People v. Phipps, 889 N.E.2d 1154 (Ill 2008) Counsel ineffective for failing to object to<br />

substitution <strong>of</strong> charged <strong>of</strong>fenses.<br />

Failure to Assert Double Jeopardy<br />

West v. Director <strong>of</strong> Dept. <strong>of</strong> Corrections, 639 S.E.2d 190 (Va. 2007) Counsel ineffective for<br />

failing to assert a double jeopardy objection.<br />

Gerisch v. Meadows, 604 S.E.2d 462 (GA 2004) Counsel was ineffective for failing to recognize<br />

and adequately advise the defendant concerning a valid double jeopardy claim.<br />

Matton v. <strong>State</strong>, 872 So. 2d 308 (Fla. 2004) Counsel was ineffective in probation revocation plea<br />

case for failing to advise the defendant that he was entitled to credit for his previously accrued<br />

“gain time” in prison.<br />

<strong>State</strong> v. Henderson, 93 P3d 1231 (MT 2004) Counsel ineffective for failing to adequately consult<br />

with client, investigate, or conduct any research.<br />

Failure to Appeal or Modify Sentence<br />

Matthews v. <strong>State</strong>, 868 A.2d 895 (MD 2005) Counsel ineffective and prejudice presumed for<br />

failing to file motion for modification <strong>of</strong> sentence when requested to do so by defendant.<br />

Cumulative Error<br />

Goodman v. Bertrand, 467 F.3d 1022 (7 th Cir. 2006) Counsel ineffective for numerous reasons.<br />

“Cumulative effect <strong>of</strong> the errors required reversal. Rather than evaluating each error in<br />

isolation…the pattern <strong>of</strong> counsel’s deficiencies must be considered in their totality.”<br />

Aldrich v. <strong>State</strong>, S.W.3d WL 5057647 (TX 2008) Counsel ineffective for numerous reasons.<br />

First, counsel misinterpreted Kyles v. Whitley, 514 U.S. 419 (1995) to relieve him <strong>of</strong> any duty to<br />

investigate, misunderstood basic discovery procedures, and misunderstood what legally<br />

constitutes exculpatory evidence. Second, counsel failed to convey the state’s 20-year plea<br />

bargain <strong>of</strong>fer to the defendant because he believed “it would be unethical and would constitute<br />

malpractice to even discuss the proposed plea bargain” with the defendant. Third, counsel<br />

“neither performed a reasonable investigation nor made a reasonable decision that a particular<br />

investigation was unnecessary.” Prejudice found as “[d]efense counsel’s errors pervaded and<br />

prejudiced the entire defense,” including during pretrial and plea negotiations.<br />

305

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