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The United States Supreme Court: Trevino and Assistance of Counsel Claim - Essay Example

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The issue of this case is ineffective assistance of counsel. Trevino claims that his attorney for his case not only did not discover evidence that would have mitigated Trevino’s crimes at the penalty phase so that he possibly would not have gotten the death penalty…
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The United States Supreme Court: Trevino and Assistance of Counsel Claim
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Download file to see previous pages At first blush, this case would seem to be, for lack of a better word, a “no-brainer.” The federal court is essentially stating that a lawyer has the duty to raise ineffective assistance of counsel arguments about himself. Moreover, the first lawyer did not really know just how ineffective he, himself, really was, at the time of the first state habeas proceeding. This is because the evidence that the lawyer should have found, that would be the basis for the ineffective assistance of counsel claim in the first place, was not yet found. In other words, during the first state habeas proceeding, the evidence upon which to base an ineffective assistance of counsel claim was not yet discovered. Yet the district federal court, and the circuit court, somehow thinks that the ineffective assistance of counsel claim should have been raised at a time when there was not any evidence available to raise it. Because the lawyer who was ineffective didn’t find that evidence yet! For this reason alone, the facts of the case strain common sense. However, the fact that the facts strain the boundaries of common sense does not present a legal basis for how the court should rule, so this is the analysis that needs to be fleshed out. A more careful analysis of the opinion in the Fifth Circuit Court of Appeal may provide clues to the court’s reasoning regarding this case, as well as flesh out a little more what the evidence was that the first attorney did not find. Specifically, what the evidence shows is that Seanito “Sam” Rey, who was a co-defendant in the crime, provided statements that contradicted the prosecution’s case, which was that Trevino was the one who actually killed Salinas. ...Download file to see next pagesRead More
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