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IAC for Failure to Investigate and Appellate Review of IAC Claim

(1) Did defense counsel render ineffective assistance by failing to consult a qualified expert on determining time of death and failing to present evidence regarding defendant's clothing around the time of the crime? (2) Did the decision of the Court of Appeal adhere to the controlling standards of appellate review? (People v. Long (May 3, 2018, E066388) [nonpub. opn.], review granted 8/22/2018 (S249274).) [Editor's Note: In 2015, the Supreme Court issued an order to show cause, before the trial court, as to why Long's trial counsel was not ineffective and why defendant is not actually innocent of second degree murder. The trial court granted the writ of habeas corpus on the ground of ineffective assistance of trial counsel (the court found she failed to meet her burden of proving actual innocence). The People appealed and the Court of Appeal reversed the order granting habeas relief.]

Updated: 8/22/2018

Return to: California Supreme Court Pending Issues.

 

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