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Trial Counsel failed to do any investigation into the mitigating facts of this case.  There was no evidence of good character or mental illness provided to the court. Petitioner’s trial attorneys failed to raise any issue about petitioner’s mental health at any time.  This would have served to explain the context in which these crimes […]

“A situation in which the attorney’s own interests diverge from those of the client presents the same core problem presented in the multiple representation cases: the attorney’s fealty to the client is compromised. Therefore, courts have held that the presumption of prejudice set forth in Cuyler v. Sullivan 446 U.S. 335 (1980) applies as well to […]

“In certain Sixth Amendment contexts, prejudice is presumed…. . In those circumstances, counsel breaches the duty of loyalty, perhaps the most basic of counsel’s duties. Moreover, it is difficult to measure the precise effect on the defense of representation corrupted by conflicting interests…., it is reasonable for the criminal justice system to maintain a fairly […]

The fugitive disentitlement doctrine is discussed in detain in the case of People v. Kang (2d Dist. 2003) Cal.App.4th 43, the court recognized, in achieving a different result that: “If it is essential to vindicate judicial authority, the prosecution may charge Kang with failure to appear pursuant to Penal Code section 1320.5, although the penalty […]

FOR IMMEDIATE RELEASE September 9th, 2016   The Lawyers of Distinction is pleased to announce that California State Bar Certified Criminal Law Specialist JAY LEIDERMAN of VENTURA, CALIFORNIA has been certified as a member.  The Lawyers of Distinction is recognized as the fastest growing community of distinguished lawyers in the United States.   Membership is limited […]