In the realm of criminal law, the right to effective assistance of counsel is paramount. In the landmark case of Strickland v. Washington, 104 S.Ct. 2052 (1984), the U.S. Supreme Court established a two-pronged test to determine whether a defendant r...

In the realm of constitutional law, few areas pose as complex a challenge as balancing individual rights against the legitimate interests of correctional institutions. This delicate equilibrium was notably scrutinized in the landmark Supreme Court ca...

Here’s my listing of the Top 10 United States Supreme Court cases involving prisoner civil rights. As a bonus, I’m also including an eleventh case frequently ignored by prisoners. Most cases challenging prisoner rights are filed by prison...

The Colossal Book of Criminal Citations, (7th Edition), is a book which has continuously evolved since 2014. What makes my book unique, it’s premised upon questions asked by criminal defendants who understand very little about the law. Through ...

When raising a claim of ineffective assistance of counsel (“IAC”), it is important to understand when to present the argument. I have been asked, do I file the claim in the direct appellate brief or the post-conviction brief? Because this...

I have been asked to describe the methods of how someone can get Federal Court review of a State Court conviction. There are two primary statutes which allow State Court convictions to be reviewed by a Federal Court. The first statute, 28 U.S.C. §125...

In the courtroom, the credibility of trial witnesses can make or break a case. Lawyers must be adept at challenging the testimony of various types of witnesses to ensure a fair trial. In this comprehensive guide, well explore strategies for attacking...

A reader has asked, what are some successful ineffective assistance of counsel cases?  To answer the question, I decided to create another checklist. It is designed similar to the free post-conviction checklist and free habeas corpus checklist. ...

In the criminal justice system, a conviction is not necessarily the end of the road for someone convicted of a crime. Post-conviction relief (PCR) offers convicted individuals an opportunity to challenge their conviction or sentence after the trial a...

In the realm of criminal justice, a verdict signifies the culmination of legal proceedings, often embodying months or years of investigation, deliberation, and trial. However, what transpires when that verdict is overturned? Can an overturned verdict...