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Old 07-11-2018, 07:06 AM
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Sunnielg Sunnielg is offline
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Originally Posted by yourself View Post
Start by hiring an attorney. Alternatively, start looking up habeas corpus cases dealing with ineffective assistance of counsel due to substance abuse.

I will caveat a few things:
1. Misconduct in one case does not mean there was misconduct in all cases
2. You state that he frequently smelled alcohol on her breath yet he never said anything to the court. The State will argue that even if there was misconduct/ineffective assistance, he waived the issue because he did not try to fire his attorney.
3. You never say whether the sentence was within the sentencing guidelines for the crime and VOP. If it was, you will be hard pressed to maintain any sort of claim of IAC

Look, you can be an addict and even get a DUI and still be an effective attorney. You are basically positing that the attorney had a drinking problem during the time of representation, ipso facto, the representation was deficient. Thereís a long way to go before you have. A plausible case. You have to show that the attorney's representation was so deficient, it violated his right to counsel (basically that he didnít have counsel as a result). Beyond that, you have to show that you were substantially prejudiced by the conduct of the attorney - basically that you didnít get a fair trial (it was a trial, right? If not, and he accepted a plea deal, he is probably very much SOL) and the result of the trial would have been substantially different if he had had competent representation.

You want to look at White v. Florida and Strickland v. Washington. Those are the cases that largely control IAC.

And again, this is all moot if it was a plea. Also look up 3.850 motions in Florida.

Good luck.

Thank you for your response. This is pretty much what we were thinking (that he is sol). Honestly, I wrote more than one letter to the judge about her, I called the her supervisor and his supervisor, and it was more than just him. I'll pass this info and the cases you mentioned on to him and see what he wants to do. Again, Thanks!

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