Dennis Balske

Marks

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 POST-CONVICTION VICTORY

Posted: 1/31/18

On December 15, 2017,  post-conviction Senior Judge J. Burdette Pratt ordered a new trial for John Marks. The court held, pursuant to the argument of Mr. Marks' lawyer, Dennis Balske, that Mr. Marks' trial lawyer, John Halpern, failed to exercise professional skill and judgment when he failed to investigate the complainant's school and medical records and to employ an expert witness to testify about the complainant's suggestibility issues. Because the complainant's susceptibility to suggestion was a critical issue to Mr. Marks' defense, and that critical evidence was never presented to the jury, the court found that trial counsel's failure had a tendency to affect the outcome of the trial and ordered a new trial.