Q: Can a lawyer enter damaging character evidence in violation of his own motion of limine andnot be considered ineffective
The defense attorney brought up an old self defense charge, that was dismissed 10 years earlier, during a trial that relied mostly on character evidence despite putting in a motion of limine (at the request of the defendant) specifically requesting that this non indicted charge remained off record.
A: This issue seems to be very likely to be ineffective assistance of counsel, but (without reviewing the whole case) there is no way to give a definitive answer. A motion for new trial would have had to be filed, within 30 days of conviction, to be able to review this aspect of his/her appeal.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
