SC: CIRP Can Continue Despite Fraudulent Insolvency Plea That Triggered It  ||  Delhi HC: Senior Citizen May Seek Eviction of Daughter-in-Law for Ill-Treatment  ||  Delhi HC: Mere Possession of Visa Does Not Confer an Unconditional Right to Enter India  ||  Delhi HC: Every Insensitive or Objectionable Matrimonial Act Does Not Amount to Cruelty  ||  J&K&L HC: Fake Driving Licence Does Not Exonerate Insurer If Driver Has a Valid Licence  ||  P&H HC: Safety Council Report and CCTV Cannot Be Rejected at Charge Stage for Lack of Proof  ||  Delhi High Court Stays Rs. 213 Crore SAIL Payout to British Firm over Unstamped Arbitral Award  ||  Allahabad HC: Bar Council Cannot Suspend Advocate’s Licence Pending Disciplinary Inquiry  ||  SC: CIRP Need Not Be Set Aside Solely for Fraudulent Filing of Section 9 Plea  ||  Supreme Court: Compromise Decree Passed Without Impleading Necessary Party is Void    

Maryland v. James Kulbicki - (05 Oct 2015)

How effective must counsel be?

Criminal

The United States Supreme Court reversed a ruling that James Kulbicki’s defense team were unconstitutionally ineffective and had deprived him of a fair trial. Kulbicki was accused of shooting his mistress pointblank and prosecution had relied on the ‘similar’ characteristics of the metal fragments found in his mistress’s brain, those found in his truck and matched the same to a bullet recovered from his gun. Kulbicki’s petition against ineffectiveness of counsel stemmed from their failure to question the legitimacy of the report admitting bullet comparisons. The Court of Appeal determined Counsel’s failure to identify the report as against scientific method “fell short of prevailing professional norms”. In its reversal of the finding, the Supreme Court noted there was no rationale behind the judgment, which only proposed an alternate trial strategy based on hindsight; counsel had not wasted time in what was, at the time, an uncontroversial analysis; their failure to find a report to question the ballistics methodology would have required rigorous manual search in State libraries.

Tags : UNITED STATES. EFFECTIVENESS   COUNSEL  

Share :        

Disclaimer | Copyright 2026 - All Rights Reserved