Case of the Week: People v Oliveras

The case of People v. Oliveras is a ruling that may have an effect on the definition of what constitutes "ineffective assistance of counsel". According to the present law, ineffective assistance of counsel occurs when a convicted client proves that their attorney was negligent in a way that badly impacted the case, and therefore the client's constitutional right to counsel has been violated (as per the Sixth Amendment). In People v Oliveras, the defendant's mental health was in question, and his lawyer attempted to argue that his client's confessions to the police were not completely voluntary, in part because of his questionable mental health. However, the attorney made a fundamental misstep that ultimately impacted the case: he never subpoenaed his client's psychiatric records.


By June 6, 2013, the case had made its way to the Court of Appeals. The Court ruled that the lawyer's oversight did indeed constitute ineffective assistance of counsel. A new trial was ordered for the defendant. Only one of the judges dissented, stating that he did not believe it to be ineffective assistance of counsel because although the attorney had clearly been "deficient", the records would have hurt, not helped, the client's case. This is in accordance with court rulings stating that to be considered ineffective counsel, the lawyer's negligence has to have had a negative impact on his or her case. This second requirement was stated by the United States Supreme Court.

While certain defendants may be relieved if they are ordered a new trial because of ineffective counsel, it is clearly a serious problem. As a Criminal Defense attorney, I believe in putting my best work into each and every client, and that takes a lot of time and effort. However I know that all my clients deserve the best possible representation I can give them. Negligence in counsel such as the kind demonstrated in People v Oliveras, especially in light of the client's mental health issues, can really undermine the legal system.

If you or a loved one is experiencing legal troubles, please review your options carefully. Make sure that you hire a legal professional that you trust. If you are in need of an experienced Criminal Defense attorney, feel free to contact my office at 718-317-5007.

- Kevin McKernan