As a Contra Costa County jury watched, an Oakland man accused of killing his ex-girlfriend attacks his lawyer with a pen and tries to attack a prosecutor.
IANAL, but: It circles back to the right to fair representation.
Say he’s convicted, but at a later court, claims “After my totally involuntary psychotic episode, now verified by multiple behavioral psychologists, my lawyer held my unintentional actions against me and did a demonstrably poor job in the remainder of the case. I deserve the right to a fair trial.”
That COULD be enough to get the case declared a mistrial and re-scheduled.
But there’s also a billion reasons you can make an appeal. Most of which have nothing to do with that. Also, being able to make an appeal is a low bar. Most criminal convictions can be appealed…the chance of that appeal overturning the conviction remains low.
IANAL, but: It circles back to the right to fair representation.
Say he’s convicted, but at a later court, claims “After my totally involuntary psychotic episode, now verified by multiple behavioral psychologists, my lawyer held my unintentional actions against me and did a demonstrably poor job in the remainder of the case. I deserve the right to a fair trial.”
That COULD be enough to get the case declared a mistrial and re-scheduled.
But there’s also a billion reasons you can make an appeal. Most of which have nothing to do with that. Also, being able to make an appeal is a low bar. Most criminal convictions can be appealed…the chance of that appeal overturning the conviction remains low.