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A clash between the federal and New York state standards for ineffective assistance of counsel has led the 2nd Circuit to order authorities to either release or retry a convicted robber. Finding that the defendant's lawyer was ineffective because he presented "a demonstrably fallacious" alibi defense, the circuit said the conviction should be overturned because there was a reasonable probability that the mistake changed the outcome -- a key element of the federal standard.
May 31, 2005 at 12:00 AM
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The original version of this story was published on Law.Com
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