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Interesting ineffective assistance ruling from the Sixth Circuit

By Douglas A. Berman

A Sixth Circuit panel has an intriguing ruling on an ineffective assistance of counsel issue today in US v. Munoz, No. 09-5357 (6th Cir. May 18, 2010) (available here).  Here is how it gets started: This case reaches us in an unusual posture: the government appeals the district court?s grant of a new trial under Federal Rule of Criminal Procedure 33.  In the underlying trial, defendant Richard Munoz was found guilty of conspiracy to distribute methamphetamine and aiding and abetting distribution of methamphetamine.  Approximately two months after the verdict, but before sentencing, Munoz obtained new counsel.  Thereafter, Munoz belatedly moved for a new trial, arguing that trial counsel had provided constitutionally ineffective assistance...continue to full post

Full post as published by Sentencing Law and Policy on May 18, 2010 (boomark / email).