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Ineffective Assistance of Counsel

By: Derek Hawkins//August 1, 2017//

Ineffective Assistance of Counsel

By: Derek Hawkins//August 1, 2017//

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7th Circuit Court of Appeals

Case Name: United States of America v. David L. Simpson

Case No.: 16-3286

Officials: RIPPLE, ROVNER, and HAMILTON, Circuit Judges.

Focus: Ineffective Assistance of Counsel

A jury convicted David Simpson of possession with intent to distribute heroin, in violation of 21 U.S.C. §§ 841(a)(1) and 841(b)(1)(C). He moved for a new trial under Federal Rule of Criminal Procedure 33(a), alleging that his trial counsel had been ineffective by failing to investigate and call three witnesses who had potentially exculpatory evidence. The district court declined to conduct an evidentiary hearing and denied the motion because it found “no reasonable possibility” that the proposed testimony of these wit- nesses would have changed the trial’s outcome. On appeal, Mr. Simpson argues that the district court abused its discretion by denying his motion without an evidentiary hearing. Because we believe that Mr. Simpson alleged sufficient facts to support an ineffective-assistance-of-counsel claim, we vacate the denial of his motion and remand for an evidentiary hearing.

Vacated and Remanded

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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