Legal Question in Criminal Law in Pennsylvania
Appeal for inefficient council
In PA if you have had a private attorney and after sentencing you'd like to appeal for inefficient council, can you ask for a public defender to do this if the person is currently serving a sentence and doesn't have monetary means?
Asked on 7/16/09, 10:39 am
1 Answer from Attorneys
John Davidson
Law Office of John A. Davidson
Re: Appeal for inefficient council
The appeal is based on ineffective counsel. To prove that you need to show:
1) Counsel was ineffective AND
2) The ineffectiveness was material in the outcome of the case.
So even if counsel was ineffective but the weight of the evidence was such that even if the counsel was ineffective the outcome would not have been different if you had effective counsel then you lose the appeal.
{John}
Answered on 7/16/09, 1:37 pm
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
