For the Defense - Vol. 7, Issue 1 - 12
Discuss this waiver with your client with the same
seriousness you would discuss the waiver of any
constitutional right.30
* Request discovery early and in writing. That way,
if the Commonwealth fails to provide requested
discovery, any required continuance will be on
the prosecution. If you have to follow-up with the
Commonwealth about discovery they have failed to
hand over, be sure to memorialize such requests in
a writing such as an email.
* If a continuance is required due to the
Commonwealth's failure of diligence, be sure to
put that on the record at the time the continuance
is requested. Even if the judge does not rule in
your favor, you have at least preserved the issue for
appeal.
365-day period has elapsed. If the trial judge rules
against you and subsequently the Commonwealth
causes another substantial period of delay, file
a new Rule 600 motion based on this additional
time and litigate it prior to any trial to preserve an
objection to the additional time period.
investigate beyond the facts told to her by her client. This
type of neglect received notoriety in the criminal appeal
of Adnan Syed, whose case was profiled on the podcasts
Serial and Undisclosed. Syed's attorney failed to locate a
local teenager whom Syed had told her could conclusively
place him at the local library at the time of the alleged
murder.26
Syed was eventually convicted of murder and
has spent years challenging his conviction, in part based
on a claim of ineffective assistance.
Turning to the prejudice prong, appellate courts need
to assess the impact of the attorney's failure to pursue
an alibi on the case's eventual outcome. Only those
errors that might have affected the outcome will merit
https://nxt-staging-books.s3.amazonaws.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue1_2022/src/PACDL_Magazine_notes_Alibi_Gambit.pdf
For the Defense - Vol. 7, Issue 1
Table of Contents for the Digital Edition of For the Defense - Vol. 7, Issue 1
Contents
For the Defense - Vol. 7, Issue 1 - 1
For the Defense - Vol. 7, Issue 1 - 2
For the Defense - Vol. 7, Issue 1 - Contents
For the Defense - Vol. 7, Issue 1 - 4
For the Defense - Vol. 7, Issue 1 - 5
For the Defense - Vol. 7, Issue 1 - 6
For the Defense - Vol. 7, Issue 1 - 7
For the Defense - Vol. 7, Issue 1 - 8
For the Defense - Vol. 7, Issue 1 - 9
For the Defense - Vol. 7, Issue 1 - 10
For the Defense - Vol. 7, Issue 1 - 11
For the Defense - Vol. 7, Issue 1 - 12
For the Defense - Vol. 7, Issue 1 - 13
For the Defense - Vol. 7, Issue 1 - 14
For the Defense - Vol. 7, Issue 1 - 15
For the Defense - Vol. 7, Issue 1 - 16
For the Defense - Vol. 7, Issue 1 - 17
For the Defense - Vol. 7, Issue 1 - 18
For the Defense - Vol. 7, Issue 1 - 19
For the Defense - Vol. 7, Issue 1 - 20
For the Defense - Vol. 7, Issue 1 - 21
For the Defense - Vol. 7, Issue 1 - 22
For the Defense - Vol. 7, Issue 1 - 23
For the Defense - Vol. 7, Issue 1 - 24
For the Defense - Vol. 7, Issue 1 - 25
For the Defense - Vol. 7, Issue 1 - 26
For the Defense - Vol. 7, Issue 1 - 27
For the Defense - Vol. 7, Issue 1 - 28
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol9_issue1_2024
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue4_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue3_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue2_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol8_issue1_2023
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue4_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue3_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue2_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol7_issue1_2022
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue4_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue3_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue2_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol6_issue1_2021
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue4_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue3_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue2_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol5_issue1_2020
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue4_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue3_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue2_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol4_issue1_2019
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue4_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue3_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue2_2018
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol3_issue1_2018
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue4_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue3_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue2_2017
https://www.nxtbook.com/nxtbooks/pacdl/FORTHEDEFENSE_vol2_issue1_2017
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue4_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue3_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue2_2016
https://www.nxtbook.com/nxtbooks/PACDL/FORTHEDEFENSE_vol1_issue1_2016
https://www.nxtbookmedia.com