CRIMINAL: COM. KY V. YORK (SC 2/22/2007)

COM. KY V. YORK
CRIMINAL:  RCr 11.42; Ineffective assistance of counsel
2005-SC-000348-DG.pdf
PUBLISHED:  REVERSING; SCOTT W/MINTON NOT SITTING
DATE RENDERED: 2/22/2007

SC reversed CA and reinstated Defendant’s convictions for Manslaughter in the First Degree. Trial Counsel was not ineffective for failing to hire expert witness to rebut Commonwealth’s medical testimony. Even if an expert such as Dr. Heidingsfelder had testified, it was not reasonably probable that the outcome of Defendant’s trial would have been different. Most important, perhaps, to this opinion, however, is that an analysis for prejudice was not even necessary in this case since the trial attorney’s performance was not deficient. Criminal defense attorneys are no more deemed to have deviated from the appropriate standard of care due to a bad result than are medical providers. Counsel in this case put on a good defense for Defendant; the jury just didn’t accept it.

Digested by Scott Byrd

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