Dennis Balske

Ineffective Assistance

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INEFFECTIVE ASSISTANCE UNDERMINES DEATH SENTENCE

Posted: 8/20/2012

Judge Alexander held that trial counsel failed to adequately represent Mr. Gibson at the penalty phase of his trial, a failure that caused him to receive a death sentence, rather than the life sentence he more likely would have received had he been properly represented.  The court cited the testimony of Gibson's legal expert, Dennis Balske, finding that trial counsel's performance fell below the standard for effective assistance in Oregon, where  experienced attorneys commit at least as much effort and resources to the penalty phase as the guilt phase