Ethics/Professional Responsibility,
9th U.S. Circuit Court of Appeals
Sep. 7, 2021
Counsel can’t be ineffective for not predicting future, 9th Circuit says
The court’s decision reaffirmed a rule that said counsel’s inability to predict changes in the law does not constitute malpractice, and it expanded the legal precedent to specifically include legislation.
The 9th U.S. Circuit Court of Appeals affirmed a ruling that a felony prisoner's counsel did not give him bad advice when he entered a guilty plea before legislation passed that could have reduced his minimum sentence, expanding on existing court precedent.
Jason Juliano, a convicted felon, was indicted in January 2018 for possessing a firearm and ammunition and possession with intent to distribute methamphetamine. In June of that year, he...
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