Tag Archives: Ineffective Assistance

CA10: District court should hold evidentiary hearing to determine whether trial counsel should have offered evidence of the defendant’s intellectual disability in death penalty case

by Emil J. Kiehne Posted on November 6, 2019

Last week, the Tenth Circuit issued a 95-page opinion in Harris v. Sharp, a death penalty case from Oklahoma. The defendant went to his estranged wife’s workplace and fired gunshots, killing her boss, Merle Taylor. Diana Baldwin had this story … Continue reading →

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District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel

by Emil J. Kiehne Posted on August 13, 2013

During the guilty plea colloquy for a defendant who was a Mexican national, the district judge advised him that deportation would be a likely result of his guilty plea, and the defendant said he understood. In a later habeas corpus … Continue reading →

Posted in New Mexico Court of Appeals, Opinions and Analysis | Tagged , , | Comments Off on District court’s advice about immigration consequences of guilty plea can’t take the place of good advice from counsel