IAC win in district court

Kevin Shepherd won at an IAC remand hearing in State v. Justin Elnicki, 01CR 1828 (Kan. Dist. June 5, 2008), obtaining a third trial in a Shawnee County rape prosecution. This is the same case as the 2005 ADO case of the year, where Pat Dunn got a reversal based on inappropriate comments on credibility included in a videotape interrogation being shown to the jury. On remand, Mr. Elnicki was again convicted. He filed another appeal, but during the appeal process, Kevin sought and received a remand for the district court to consider claims of ineffective assistance of trial counsel at the second trial. The IAC claim was based on failure to investigate important defense witnesses. The district court agreed that counsel at the second trial was deficient and that the deficient performance was prejudicial. So, maybe Mr. Elnicki will get a fair and consititutional trial the third time around!