TABLE OF CONTENTS
PRETRIAL MOTIONS/FAILURE INEFFECTIVENESS 1

Arraignment Proceedings 1

Preliminary Hearings 1

Pretrial Motions 1

Dismiss or Quash Indictment 2

Multiplicitous Indictment 3

Superseding Indictment 2

Untimely Indictment 3

Discovery 3

Disclosure of Confidential Informant’s Identity 6

Production of Exculpatory Evidence 6

Jencks Material 7

Defensive Motions 7

Miranda Warning 7

Suppression of Evidence, etc. 7

Severance Motions 10

Speedy Trial Motions 10

Motions Contesting Violation of Interstate Agreement Act 11

Investigate/Challenging Defendant's Competency 11

Motions for Funds 13

Motions for Continuance 13

Pending Motions 14

Non-existence Motion 15

Change of Venue 15

Improper Venue 15

PRETRIAL RESEARCH OR LEGAL ADVICE INEFFECTIVENESS 15

FAILED TO SECURE A TRANSLATOR 16

FAILED TO HAVE TAPE TRANSCRIBED 17

FAILED TO OBTAIN EXTRADITION HEARING TRANSCRIPT 17

FAILED TO PREPARE FOR TRIAL 17

FAILED TO INVESTIGATE, TO LOCATE OR INTERVIEW WITNESSES 18

Alternative Suspect 21

POLICE AND LABORATORY REPORTS – INEFFECTIVENESS 22

Medical Records 22

Victim's School/Counseling Records 23

Drug Chemical Analysis 23

Plane Polarized Light Test/Optically Active Column Test 23

Mass-spectrometer And a Gas Chromatogram 23

SUBPOENA WITNESS RELATED INEFFECTIVENESS 24

SCENE OF CRIME RELATED INEFFECTIVENESS 25

HIRE PRIVATE INVESTIGATOR 25

FACTS RELATED INEFFECTIVENESS 25

GRAND/PETIT JURIES INEFFECTIVENESS 26

FAILED TO PUT "AGREEMENT IN WRITING" OR ON THE RECORD 26

FAILED TO APPEAR FOR ARRAIGNMENT 27

COUNSEL APPOINTED ON DAY OF TRIAL 27

DEFENDANT'S RIGHT TO BE PRESENT 27

WAIVED DEFENDANT'S RIGHT TO JURY TRIAL 28

JURY SELECTION INEFFECTIVENESS
Baston Claim
Davis v. Secretary for the Dept. of Corrections, 341 F.3d 1310, 1316-1318 (11th Cir. 2003)
Counsel was constitutionally ineffective for failure to preserve Baston claim for appellate purposes at the conclusion of voir dire and the end of trial, required granting a new trial or to afford petitioner an opportunity for an out-of-time appeal.

Riley v. Taylor, 277 F.3d 261, 294 (3rd Cir. 2001)
The Court found the appropriate remedy under facts for Batson violation was to order a new trial, rather than remand federal evidentiary hearing.

Aki-Khuam v. Davis, 203 F.Supp. 2d 1001, 1017, 1020 (N.D. Ill. 2002)
Defendant's Sixth Amendment right was violated by trial court setting procedures used for exercise of peremptory challenges, where court shifted burden of persuasion to defendant to prove that his motivation was not illegal discrimination.

Riley v. Taylor, 277 F.3d 261, 294 (3rd Cir. 2001)
State court's failure to properly apply Batson analysis required granting habeas relief without prejudice.

Duarte v. U.S., 81 F.3d 75 (7th Cir. 1996)
Counsel's failure to raise Baston objection to peremptory challenge concerning a Spanish juror may constitute ineffective assistance. See also Weekley v. Jones, 927 F.2d 382 (8th Cir. 1991); Hollis v. Davis, 912 F.2d 1343 (11th Cir. 1990); Jackson v. Thigpen, 752 F.Supp. 1551 (N.D. Ala. 1990)

Government of Virgin Islands v. Forte, 865 F.2d 59 (3rd Cir. 1989)
Trial counsel's failure to object to prosecutor's peremptory challenges to excuse white prospective jurors in prosecution of white man for rape of black female required an evidentiary hearing to resolve claim of ineffective assistance of counsel.
Strike Juror

Hughes v. United States, 258 F.3d 453,463 (6th Cir. 2001)
Counsel was constitutionally ineffective for failing to strike juror who admitted bias. "The question of whether to seat a biased juror is not a discretionary or strategic decision. The seating of a biased juror who should have been dismissed for cause requires reversal of the conviction." Id.

Miller v. Webb, 385 F.3d 666, 677 (6th Cir. 2004)
Counsel's failure to object to empanelling an actual biased jury was presumptively prejudicial constituting ineffective assistance.

Smith v. Gearinger, 888 F.2d 1334 (11th Cir. 1989)
Trial counsel's failure to contest two prospective jurors that counsel knew were within the prohibited degree of consanguinity with victim or her mother required an evidentiary hearing to resolve claim of ineffective assistance of counsel.
Right to be Present Impaneling Jury

U.S. v. Gordon, 829 F.2d 119 (D.C. Cir. 1987)
Trial counsel cannot waive defendant's right to be present during impaneling of jury.
Make Juror Incompetence Challenge

Edgemon v. Lockhart, 768 F.2d 252 (8th Cir. 1985)
Trial counsel's failure to make juror incompetence challenge before the jury was empanelled required an evidentiary hearing to resolve ineffective assistance of counsel claim.
Exclude Jury During Dismissal of Rape Count

Marzullo v. State of MD., 561 F.2d 540 (1977)
Trial counsel's failure to move to exclude the jury during a discussion to dismiss one count of a rape charge or to request a limiting jury instruction to disregard the prejudicial remarks of the first rape count amounted to ineffective assistance of counsel.
Removal of Recycled Jurors

Johnson v. Armontrout, 961 F.2d 748 (8th Cir. 1992)
Trial counsel's failure to request removal of jurors who were recycled and had heard damaging testimony about the defendant in a prior trial constitutes ineffective assistance of counsel.
Strike Jurors Related to Prosecution's Team

Virgil v. Dretke, 446 F.3d 598, 612 (5th Cir. 2006)
Counsel was constitutionally ineffective for failing to challenge two prospective jurors, who expressed that they were unable to serve as fair and impartial jurors because of their past association with law enforcement officers or to crime committed against family members, where those two jurors were seated on the petit jury that convicted petitioner and sentenced him to 30 years.

Harris v. Housewright, 697 F.2d 202 (8th Cir. 1982)
Trial counsel's failure to strike jurors who apparently were related to the prosecutor's team and failure to use medical examiner's report to impeach medical examiner constituted ineffective assistance of counsel.