CHILDREN AND THE LAW
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Delinquency Matters
......Legal Representation
6 Cards On This Topic:
Responsibilities of children's counsel in delinquency proceedings.
When M, earlier represented by conflict atty and declared court ward, is charged in a subsequent petition, PD must re-evaluate M's situation and offer representation if the conflict no longer exists.
Error to deny new jurisdictional hearing where public defender's performance was deficient and amounted to ineffective assistance.
Counsel not ineffective for not moving to suppress evidence found after police knock-and-announce violation where USSC held such violation does not justify application of exclusionary rule.
M denied effective assistance by atty's failure to appeal from judgment; this prejudicial as court erred in denying motion to dismiss where insufficient evidence to sustain petition at close of DA's case.
Legal representation in dependency and termination cases.