1.29 - 15. The Protest Strategy

JurisdictionNew York

15. The Protest Strategy

A defendant by his absence alone does not waive his right to effective assistance of counsel. His willful absence surely hampers his attorney’s ability to represent him adequately and must be taken into consideration in assessing effectiveness. It is not clear under what precise circumstances counsel’s lack of participation during a jury trial amounts to ineffective assistance. May the lack of participation be a protest strategy?112


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Notes:

[112] . People v. Diggins, 21 N.Y.3d...

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