Q: If my appted atty request Discovery and the prosecution doesn't include evidence that it holds, is it admissable later?
Prosecution possessed but didn't include lab results in the Motion of Discovery. Prosecution also requested 3 different pretrial dates claiming to be waiting on lab results. When the defendant was presented labs, they were dated and received by the prosecution before a motion of discovery was even filed. The public defender didn't object to the lab evidence being presented. If the public defender had objected, would the lab evidence have been inadmissible? Since the evidence was introduced without objection the defendant accepted a guilty plea. Is this an example of ineffective counsel?
A:
This may be grounds for an appeal for ineffective assistance of counsel.
The main hurdle you might face is whether you were prejudiced by the lack of objection by your public defender.
You must show that “but for” the deficient performance, there is a “reasonable probability” that the result of the proceeding would have different.
You should meet with an appellate attorney.
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