For the Defense - Volume 3, Issue 1 - 2018 - 34

mandatory deportation. When Lee learned of this
consequence, he moved to vacate his conviction
on the basis that, but for his attorney's erroneous
PANTONE
advice, he would not have pled guilty.
The Lee Court initially noted that courts should
not upset a plea based solely on a defendant's
2955C
7406C
after-the-fact assertion that he would have
CMYK
pled differently but for his attorney's deficient
performance. Instead, they should look for
contemporaneous evidence to substantiate the
Nominations are now open for four 90/78/39/30 9/22/91/0
defendant's claim. The Lee court then found that
RGB
prestigious awards to members of the
contemporaneous evidence existed in Lee's case
to support his claim that he would have rejected
Pennsylvania Association of
the plea if he'd known he would be deported.
Criminal Defense Lawyers.
22/58/92 234/194/56
Specifically, both Lee and his plea counsel
The awards are made annually
HEXIDECIMAL
testified at an evidentiary hearing that avoiding
for outstanding contributions.
deportation was the dispositive factor in Lee's
acceptance of the plea bargain, and his answers
The Liberty Award
#153A5B
#EAC137
during the plea colloquy further bolstered his
Presented to an individual, group or organization in
claim that avoiding deportation was the dispositive
recognition of a continuing commitment to the
factor. In the face of this, the government argued
principles of liberty and equal justice under the law.
that Lee's rejection of the plea bargain would
The deserving recipient is selected by the President
after consultation with the other officers.
not have been rational under the circumstances,
because had he gone to trial in the face of the
The Charles P. Gelso President's Award
overwhelming evidence of guilt, Lee would have
Presented to a member in special appreciation of
received a lengthier incarceration sentence in
outstanding contributions to the Association.
addition to being deported. The Supreme Court,
The award recipient is chosen by the President.
however, rejected this argument, concluding that
it may be rational for a defendant in Lee's position
President's and Directors' Commendation(s)
to risk additional penalties by going to trial - the
Presented at the discretion of the President and Directors
equivalent of throwing a "Hail Mary" pass - to
to a member or members in recognition of special
maintain some chance of avoiding deportation. In
contributions to the Association during the previous year.
sum, the Court found that trial counsel's ineffective
Recipient(s) are determined by the officers and a member
assistance prejudiced defendant.
of the Board of Directors designated by the officers.

SEEKING NOMINATIONS

The Alan Jay Josel Advocacy Award

Presented to a member in recognition of extraordinary
advocacy in one or more cases, causes or issues during
the previous year. The award recipient is selected by the
President after consultation with the association officers.
Nominations for the awards will close at 4:00 p.m.
on March 1, 2018 and will be circulated for review
and consideration. A nomination form can be
downloaded here and submitted to pacdl@pacdl.org.

34

For The Defense

l

Vol. 3, Issue 1

Weaver v. Massachusetts, 137 S.Ct 1899 (2017). In
the context of a claim that trial counsel rendered
ineffective assistance for failing to object to a
violation of a defendant's right to a public trial,
prejudice is not presumed, and defendant must
satisfy each prong of the Strickland analysis.
The courtroom in which Weaver was tried was
too small to accommodate all potential jurors.
This caused courtroom staff to exclude anyone
from the courtroom who was not a potential juror,
including people close to Weaver. Trial counsel
neither objected to the closure nor raised the issue
on direct appeal. This failure to object formed the
basis for Weaver's ineffective-assistance-of-counsel


http://www.pacdl.org/pdfs/PACDL_2018_Nominations.pdf

Table of Contents for the Digital Edition of For the Defense - Volume 3, Issue 1 - 2018

Contents
For the Defense - Volume 3, Issue 1 - 2018 - 1
For the Defense - Volume 3, Issue 1 - 2018 - 2
For the Defense - Volume 3, Issue 1 - 2018 - Contents
For the Defense - Volume 3, Issue 1 - 2018 - 4
For the Defense - Volume 3, Issue 1 - 2018 - 5
For the Defense - Volume 3, Issue 1 - 2018 - 6
For the Defense - Volume 3, Issue 1 - 2018 - 7
For the Defense - Volume 3, Issue 1 - 2018 - 8
For the Defense - Volume 3, Issue 1 - 2018 - 9
For the Defense - Volume 3, Issue 1 - 2018 - 10
For the Defense - Volume 3, Issue 1 - 2018 - 11
For the Defense - Volume 3, Issue 1 - 2018 - 12
For the Defense - Volume 3, Issue 1 - 2018 - 13
For the Defense - Volume 3, Issue 1 - 2018 - 14
For the Defense - Volume 3, Issue 1 - 2018 - 15
For the Defense - Volume 3, Issue 1 - 2018 - 16
For the Defense - Volume 3, Issue 1 - 2018 - 17
For the Defense - Volume 3, Issue 1 - 2018 - 18
For the Defense - Volume 3, Issue 1 - 2018 - 19
For the Defense - Volume 3, Issue 1 - 2018 - 20
For the Defense - Volume 3, Issue 1 - 2018 - 21
For the Defense - Volume 3, Issue 1 - 2018 - 22
For the Defense - Volume 3, Issue 1 - 2018 - 23
For the Defense - Volume 3, Issue 1 - 2018 - 24
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For the Defense - Volume 3, Issue 1 - 2018 - 26
For the Defense - Volume 3, Issue 1 - 2018 - 27
For the Defense - Volume 3, Issue 1 - 2018 - 28
For the Defense - Volume 3, Issue 1 - 2018 - 29
For the Defense - Volume 3, Issue 1 - 2018 - 30
For the Defense - Volume 3, Issue 1 - 2018 - 31
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For the Defense - Volume 3, Issue 1 - 2018 - 33
For the Defense - Volume 3, Issue 1 - 2018 - 34
For the Defense - Volume 3, Issue 1 - 2018 - 35
For the Defense - Volume 3, Issue 1 - 2018 - 36
For the Defense - Volume 3, Issue 1 - 2018 - 37
For the Defense - Volume 3, Issue 1 - 2018 - 38
For the Defense - Volume 3, Issue 1 - 2018 - 39
For the Defense - Volume 3, Issue 1 - 2018 - 40
For the Defense - Volume 3, Issue 1 - 2018 - 41
For the Defense - Volume 3, Issue 1 - 2018 - 42
For the Defense - Volume 3, Issue 1 - 2018 - 43
For the Defense - Volume 3, Issue 1 - 2018 - 44
For the Defense - Volume 3, Issue 1 - 2018 - 45
For the Defense - Volume 3, Issue 1 - 2018 - 46
For the Defense - Volume 3, Issue 1 - 2018 - 47
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For the Defense - Volume 3, Issue 1 - 2018 - 49
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For the Defense - Volume 3, Issue 1 - 2018 - 54
For the Defense - Volume 3, Issue 1 - 2018 - 55
For the Defense - Volume 3, Issue 1 - 2018 - 56
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