Please enable JavaScript.
Coggle requires JavaScript to display documents.
Hypo Paths (Trial (Ineffective counsel/legal malpractice (Defender not…
Hypo Paths
Trial
Strengthen justification defense
Look into Krugg's pre-existing condition (effects of meth & alcohol?)
Get EMT statements(?)
Ineffective counsel/legal malpractice
Defender not doing due diligence and investigating
Not investigating and not cross-examining the witnesses, not a voluntary plea
Defense didn't negotiate with plea
Constitutional violations
Problems
Bringing in a Prior (Rule 404: Character Evidence)
Criteria
Prohibited uses
: "Evidene of a crime,wrong or other act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with the character"
Permitted Uses
: "Evidence admissable to prove
motive
, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, lack of accident
Prosecutor may bring up his prior of meth distribution as a motive for him killing Krug
Plea colloquy
The judge told Simms of his constitutional rights if he goes to trial and the consequences of him losing, but he never informed Simms of the rights he would lose if he took a plea (right to jury, right to confront accusers, etc)
Appealable offense
If successful in appeal, the guilty plea will be withdrawn, and the defendant will be given the opportunity to enter a new plea
Guilty Plea Colloquy Script
Does the judge have the power to say "I will sentence you to X amount of years if you go to trial?" Was he wrong promising the defendant that he would give him a mandatory sentence.
Take the Guilty Plea (have to waive right to appeal in AZ)
Can withdraw plea within six months
Use six months for PI to gather more evidence that could go toward PCR
Valid legal grounds to withdraw plea:
Not represented by an attorney
Not advised on all consequences of guilty plea
Judge didn't address rights he would be sacrificing (right to jury, right to confront one's accusers, compulsory self-incrimination
Coerced into plea
Incompetent lawyer
Prejudiced by language barrier