JusticiabilityDoctri
Whether failure to advise an accused about testifying and developing character evidence constitutes ineffective assistance of counsel in a sexual assault case
QUESTIONS PRESENTED 1. In a criminal case involving accusations of sexual assault in which the prosecution relies solely upon the testimony of the complainant, is it ineffective assistance of counsel to fail to prepare the accused to testify at trial, and ineffective assistance of counsel for the trial lawyer to refuse to offer any advice during the jury trial to the accused about the decision to testify? 2. Is it ineffective assistance of counsel to fail to develop character evidence about the accused because the trial lawyer did not understand the rules of evidence that permit the accused to present evidence of his own character? i