The defense attorney in the Holly Bobo murder case has been suspended and fined. How does this impact recent cases he recently lost and current cases? Would appeals for incompetency be automatic? Will he be required to drop out of the Bobo case?
My concern is whether a future trial in the Bobo case could be jeopardized with claims of an inadequate defense?
Well no, courts do check that the defense attorney has followed procedure.
The appeal would be lodged after the deadline, saying "Sorry, attorney error ! ".
Well is it that true Mr Herbison ?
“yes sorry, I forgot about that case… You see, I’ve been off the wagon.”
See
http://www.wsmv.com/story/22201225/high-profile-attorney-suspected-of-dui-in-clarksville
Seems he might have been put on probation when the legal system first detected he had a drinking problem, not 3+ years later ??
I had heard about appeals based on inadequate defense. I didn’t know if getting suspended mattered or if they just looked at the lawyer’s conduct and handling of a specific case.
There’s a chance the DA may seek the death penalty in the Bobo murder case. It’s still early and they’ve only had a few hearings so far.
I guess this guy can serve his suspension and then return to the case. Apparently he has experience defending high profile cases.
IANAL, but from what I read-
A plea in death sentence appeal cases is frequently the failure of the defendant’s attorney to provide a reasonable defence. Everyone is entitled to a good defence, and if the defence attorney is shown to be negligent to the extent it may have damaged the quality of the defence and may have at least enabled the defendant to avoid the death penalty - then the court may order a new trial. Generally, IIRC, this involves showing parts of the case the attorney failed to pursue properly… “He never checked the phone records to see if the alibi was correct”, or “he did not challenge the eyewitness’s blindness…” I assume it has to be more than “he was disciplined by the bar”. It has to be specific instances he could be shown to be negligent. Of course, many defendants in their initial trial probably get the usual overworked and underfunded public defender, so showing shortcomings in how the case was fought is probably not difficult, even without showing the lawyer was incompetent.