Dallas, TX asked in Criminal Law for Louisiana

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?

Related Topics:
1 Lawyer Answer
E. Alexander Laird
E. Alexander Laird
  • Criminal Law Lawyer
  • Baton Rouge, LA
  • Licensed in Louisiana

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.

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.