Ethics Keyed to Hazard
Jones v. Barnes
Facts
Respondent, David Barnes, was convicted of robbery and assault in New York and attorney Michael Melinger was appointed by the court to represent him in his appeal. Respondent sent Melinger a copy of a pro se brief that he had written, along with a letter listing several claims that he felt should be raised in the pending appeal. In his response, Melinger explained that many of these claims would not be allowed-as they were based on evidence not on the record-and listen the seven claims that he was considering, requesting Respondent’s input. Receiving no response, he proceeded to appeal the case on those claims and lost. Respondent challenged this decision, claiming ineffective assistance of counsel, and his claim was upheld by the Second Circuit.
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