My brother tried to dismiss his public defender in Broward County prior to his case going to trial due to her lack of work on his case. The judge denied to do so. Almost 15 years later, we find that the Public Defender was on the Judge's Election Comittee during my brother's trial. His Public Defender did not call any witness's to my brothers behalf, the lead detective NEVER even took the stand. We have now found that the Public Defener and the Judge had a personal relationship outside of the courtroom pertaining to his elections. I find this to be newly discovered evidence. Canon 3E(1) and Dell vs. Dell. Would this be consistant in regards to newly discovered evidence?
I cannot give you a response specifically tailored to your brother's case because there are too many unknown facts, circumstances, etc. However, I can provide you with some general information. First, a personal relationship between a judge and a defense attorney that pertains to the judge's election campaign, does not, necessarily require the judge to recuse him/herself or the defense attorney to move to withdraw as counsel. To use such an issue to try to get a new trial, based on newly discovered evidence, I believe it would be necessary to determine if there was something about the judge's/defense counsel's relationship that affected the case and that, BUT FOR THAT RELATIONSHIP, probably (from a legal viewpoint -- not a personal, subjective viewpoint) would have resulted in an acquittal. If a relationship contributed or led to errors of law or procedure or to ineffective assistance of counsel, the errors and or ineffectiveness of legal representation were issues that needed to be raised within the requisite time period on appeal (within 30 days following final judgement and sentencing) or by motion for post-conviction relief (within two years following final judgement and sentencing -- or two years following the entry of a mandate if the case was appealed). A person does not need to know the reason for the errors or ineffective assistance of counsel in order to appeal or file for post-conviction relief. If you were aware, or should have been aware, of the errors and/or ineffective assistance of counsel at the time, then you must raise the issue then (i.e., within the applicable time periods) -- not wait until you discover what you believe was the cause of such errors or ineffective asssitance of counsel. As I said at the beginning, I do not know the facts of your brother's case. Consequently, this response does not indicate in any way that I think there were any errors of law or procedure or any ineffective assistance of counsel. I would have no way to assess that from your question.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.