You are employed by the District Attorney of Manor County.
You are employed by the District Attorney of Manor County. Your office recently won a murder conviction against Frank Devine who killed three people while driving under the influence of drugs and alcohol. Although testing positive for both substances, Devine has asserted since the accident that his brakes failed and he supplied the investigating police officers with work orders and receipts from his car dealer that related to work done on his car because it was recalled for faulty brakes. Devine’s attorney is Jane Hannon, a public defender who, in addition to representing Devine, handles a caseload of 150 other defendants. On several occasions during the trial Hannon is on record referring to the defendant by the wrong name and once, during her summation, she confused the facts of Devine’s case with those of another. In addition, Hannon did not present any evidence or expert testimony regarding the car or its condition. Devine is claiming, on appeal, that his right to effective assistance of counsel has been violated.
A legal Analysis paper that discusses whether under the law we have studied relating to right to counsel and right to effective assistance of counsel, Devine’s claim of the sixth amendment violation meets the Strickland test.
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