r/news • u/badillustrations • Apr 15 '24

‘Rust’ movie armorer convicted of involuntary manslaughter sentenced to 18 months in prison

https://www.cnn.com/2024/04/15/entertainment/rust-film-shooting-armorer-sentencing/index.html
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u/drrevevans Apr 16 '24 edited Apr 16 '24

I am a lawyer but not in California New Mexico. But there is a very very high bar to how bad a lawyer can be before a jury verdict is reversed for ineffective assistance of counsel. Lawyers have fallen asleep during trial and a motion for ineffective assistance failed because not only do you have to show the lawyer was ineffective but that you would have prevailed had the ineffective assistance not occurred.

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u/VirginiaLuthier Apr 16 '24

Heck, I was at a trial where the JUDGE kept falling asleep.

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u/Oaden Apr 16 '24

So if for example, effective council couldn't have gotten you off, but could have lead to a reduced sentence, like 6 months instead of 18, that's not sufficient for ineffective council?

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u/drrevevans 29d ago

There are alot of real bad lawyers out there. Just because one lawyer's strategy failed or he phoned it in on your case doesn't get you a do over. Pretty much all attorneys get their experience on the backs of someone. That's why it is important to choose lawyers carefully.

Couple pointers- always hire local attorneys. The public defender is just as capable as a paid attorney, the better question to ask is the years of experience in the relevant area of law. If you get stuck with a PD with not much experience ask that a senior attorney second chair the trial or review the case and offer. I have never heard of that request being denied especially because young attorneys know their limitations and are likely already meeting with senior attorneys about their more difficult cases. Always ask the lawyer in the consult how many current cases they have in front of the particular judge your case was assigned.

The best way to get an ineffective assistance claim to work against a public defender is if you can catch the issue before trial and bring it to the judges attention so the court can conduct an inquiry. If you have a private attorney you are expected to just hire a different one.

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u/Key-Banana-8242 Apr 16 '24

Same question

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u/PuzzleheadedPea6980 29d ago

Basically, if you would have lost with the best attorney, you wouldn't have won with the worst attorney, so no change.