Defending People

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Was Joseph Rakofsky Ineffective?

From the tran­script of the hear­ing on Don­trell Deaner’s request to fire Joseph Rakof­sky from Deaner’s crim­i­nal case:

It was appar­ent to the Court that there was a—not a good grasp of legal prin­ci­ples and legal pro­ce­dure of what was admis­si­bIe and what was not admis­si­ble that inured, I think, to the detri­ment of Mr. Deaner. And had there been—If there had been a con­vic­tion in this case, based on what I had seen so far, I would have granted a motion for a new trial under 23.110.

From D.C. Crim­i­nal Code 23.110:

(a) A pris­oner in cus­tody under sen­tence of the Supe­rior Court claim­ing the right to be released upon the ground that (1) the sen­tence was imposed in vio­la­tion of the Con­sti­tu­tion of the United States or the laws of the Dis­trict of Colum­bia, (2) the court was with­out juris­dic­tion to impose the sen­tence, (3) the sen­tence was in excess of the max­i­mum autho­rized by law, (4) the sen­tence is oth­er­wise sub­ject to col­lat­eral attack, may move the court to vacate, set aside, or cor­rect the sentence.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

3 Responses to “Was Joseph Rakofsky Ineffective?”

  1. Ken says:

    Yes, but you for­get that the judge was SLANDERING him.

  2. karl says:

    The Court found Rakof­sky pro­vided sub­stan­tially worse than the level of incom­pe­tence nec­es­sary to find inef­fec­tive­ness, as the court found no rea­son­able per­son, nonethe­less jurist, could find he pro­vided even remotely com­pe­tent counsel.

    Still pissed he hasn’t sued me.

    - karl

  3. Alex Bunin says:

    And to think I was going to make him trial chief.

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