Ineffective assistance from an expert

I’ve mentioned this before as more likely relevant to appellate practitioners.

CAAF decided that a claim of ineffective assistance of an expert might work.

On remand in McAllister he AFCCA had this to say.

After considering appellant’s claims, our superior court determined that appellant did not receive competent expert assistance, but they were unable to determine if the court members’ findings of guilty “were ‘substantially swayed by the error.'” McAllister, 55 M.J. at 276 (quoting Kotteakos v. United States, 328 U.S. 750, 765 (1946)). Our superior court determined that “the interests of justice will be best served” by returning the case to the Army Court of Criminal Appeals and giving the accused “an opportunity to demonstrate . . . with the assistance of an expert in PCR testing, how he would have changed the evidentiary posture of this case if the military judge had granted his request for Dr. Blake.” McAllister, 55 M.J. at 276 (citation omitted).

United States v. McAllister, No. ARMY 9601134, 2005 CCA LEXIS 561, at *21-22 (A. Ct. Crim. App. Oct. 28, 2005).

I’m wondering if there is some value in McAllister when making motions to compel experts.

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