John Silvia, Jr. v. United States
JusticiabilityDoctri
Whether an attorney provided effective assistance of counsel
QUESTIONS PRESENTED This case raises the question of whether an attorney can be found to have rendered effective assistance of counsel where he failed to review a significant portion of discovery, failed to interview and call witnesses provided by a defendant who asserted the witnesses would provide exculpatory evidence, failed to consult and call an expert at trial to support the defense where the government called an expert witness and the jury instructions involved securities laws, failed to subpoena, preserve and obtain evidence that the defendant informed was exculpatory and went to the heart of the matter, and where the attorney created an adversarial relationship with his client that prevented him from adequately and zealously representing his client, and in consequence, impeded the attorney from properly preparing his client to testify at his first trial. i