July 23rd, 2019

R v B, 2019 Alberta Court of Appeal – Ineffective Assistance Of Lawyer Results In New Trial

Firm Cases Tags: ,

Appellant convicted at trial of sexual assault in relation to step-daughter. Evidence that mother of complainant had motive to fabricate due to custody battle and ability to influence complainant’s evidence but Trial Judge finding that he was satisfied that the complainant’s evidence alone established guilt beyond a reasonable doubt. Held: Conviction overturned on appeal.  Original … Read More.

April 30th, 2018

R v MacDonald, 2018 Alberta Court Of Appeal – Trial Lawyer Did Not Provide Effective Assistance

Law Updates Tags: , ,

Appellant convicted at trial of assault with a weapon. Sole issue at trial was ID. Dock ID and appellant identified by police officer from security video. Issue on appeal of whether trial counsel’s concession of identity in closing argument, and failure to raise issues of video quality and frailties of dock ID constituted ineffective assistance. … Read More.