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IAC finding affirmed [NOT FINAL]

By Randall Hodgkinson

Linda Barnes-Pointer won in McHenry v. State, No. 97,202 (Kan. App. Feb. 29, 2008), affirming Judge Tuggle's grant of a K.S.A. 60-1507 motion and ordering a new trial in a Mitchell County rape/indecent liberties/sodomy case. The COA applied the same standard as it would to review of a denial of habeas relief--substantial competent evidence--and held that Judge Tuggle's findings regarding defense counsel's complete failure to investigate the state's witnesses or witnesses named by Mr. McHenry constituted deficient performance. And where the record contained no physical evidence, the COA held that the defecient performance was prejudicial.

Nice to again see the COA hold the state to the same standard as defendants in its appeal.

Full post as published by Kansas Defenders on February 29, 2008 (boomark / email).