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SC: Failure to intereview witnesses IAC

By John Wesley Hall, Jr.

Failing to interview and subpoena defense witnesses was IAC. Defense counsel wasn't called as a witness at the hearing. The witnesses would have corroborated defendant's version of the events. Lounds v. State, 26571 (S.C. December 15, 2008): At the PCR hearing, petitioner testified that Newell had not done anything to investigate his case. Significantly, petitioner stated Newell had met with him only once – on the morning of trial. Although Newell had represented petitioner in a probation violation matter in August 2001, petitioner testified Newell never discussed the armed robbery and kidnapping charges at all. Petitioner further explained that on the morning of trial, he gave Newell the names of witnesses who could identify Garrett as someone with whom he had dealt...continue to full post

Full post as published by Law Of Criminal Defense on December 16, 2008 (boomark / email).