https://en.wikipedia.org/wiki/Ineffective_assistance_of_counsel
Apparently, it is a pretty tough barrier to clear, but hey, it would be “ineffective assistance of counsel” if the new counsel have not tried this “throw spaghetti at the wall and see if it sticks” approach. 
I guess this shouldn’t come as a surprise. In most recent news:
http://nhpr.org/post/nearly-three-weeks-jail-st-pauls-grad-asking-get-out
"One day after requesting a new trial, a St. Paul’s School graduate convicted of having sex with a minor is now asking to be let out of jail.
Owen Labrie has asked the New Hampshire Supreme Court to restore his bail after it was revoked last month for breaking his court-ordered curfew multiple times."
“Labrie’s lawyer is now arguing the state not only didn’t provide sufficient reasons for immediately revoking his bail but also failed to provide evidence that he was unlikely to follow any bail conditions in the future.”
^^^I love the tone of these paragraphs; can’t you just hear the writer rolling her eyes at Labrie?
“Nearly three weeks ago, a Concord judge told Labrie he was troubled that the 20-year-old took it upon himself to determine the conditions of his bail. Labrie was required to stay at his mother’s home in Tunbridge, Vt. from 5 p.m. to 8 a.m. every day.
Labrie’s lawyer did not dispute that he violated the curfew but said it was for good reasons, such as meeting with his lawyers and attending lectures in Boston.”
And one more article of note:
http://www.bostonherald.com/news/columnists/peter_gelzinis/2016/04/gelzinis_efforts_wasted_on_imprisoned_preppie_owen_labrie
Haha. That Boston Herald article is funny just because its such shoddy journalism. It doesn’t even state its an opinion piece. That newspaper is such a rag. My kids wrote better than that in 4th grade.
Yeah, but the writer called Labrie “the Don Juan of the St. Paul’s Senior Salute” and referred to Labrie’s “boneheaded game of hooky” so I have to give him some credit.
“what do you make of this latest play by defense counsel?”
I don’t know much about this, but the spaghetti theory is as good as anything I’ve heard. Or maybe Labrie insisted on this move.
Owen Labrie is clearly one Very Special Snowflake. The rules of the hoi polloi do not apply to him. /smdh
And there is one of the many problems with the sex offender registry in a nutshell.
Labrie is not a pedophile. Nor are many, many other people on the registry.
http://www.npr.org/templates/story/story.php?storyId=5355980
Legal beagles please advise.
I would think the “ineffective counsel appeal” if granted could spring Labrie from jail as no one wants to have an innocent man behind bars… But really. He was already convicted of bail violations.
Really if the new trial is granted would any judge allow probation knowing that Mama Labrie erased evidence and Labrie had violated probation?
This story continues to take strange turns and twists over the past week.
The prosecutors have filed motions claiming that Labrie’s attorney should be disqualified from representing him in an appeal for a retrial since she was part of the very defense team that defended him during that trial (serving as local counsel).
http://www.concordmonitor.com/Prosecutors-counter-Labrie-request-for-new-trial-1775846
Also, as part of the brief to argue against his bail revocation, Labrie’s attorney has filed new documents with the court that include correspondence from a professor that Labrie had been communicating with. In the letter, the unnamed professor advises Labrie to use his time to write a master’s thesis to be published with a goal of entering directly into PhD work at Oxford in England and compares Labrie to Joan of Arc.
@-) :-&
http://nymag.com/thecut/2016/05/sex-offender-owen-labrie-compared-to-joan-of-arc.html
https://www.boston.com/news/crime/2016/05/02/in-argument-for-bail-attorneys-include-letter-from-professor-comparing-owen-labrie-to-joan-of-arc
^^ What the hell???
I don’t care how smart Labrie is. I doubt that he’s capable of writing a masters-level thesis that would allow him to be admitted to an Oxford PhD program if he doesn’t first go to undergrad.
Especially considering his current level of maturity.
@VeryHappy As he has been placed on the Sex Offenders Registry, he is ineligible to enter Britain. He’ll need special permission from Britain’s Home Secretary. Rarely given.
@doschicos Not possible. His conviction makes he permanently excludable from the UK. He has zero chance of going to Oxford.
I would wonder about that professor. Not just about their sanity, but about what skeletons they may have hiding in their closet!
@exlibris97 It seemed pie in the sky to me from several angles.
Maybe he’s still counting on getting his felony sex offender conviction overturned.
The whole thing from start to now takes on such ungrounded, delusional quality to me. Maybe he should spend his time working on a screenplay of his life. Sounds like a bad Lifetime movie. It would be humorous if not for a victim and her family, and taxpayer expense.
I swear this kid somehow manages to surround himself with adults who have no sense whatsoever. Another person to take him down some twisted path that leads to nowhere.
Are we sure the professor didn’t write this for The Onion?!! That if this letter is real he didn’t fake his own credentials?!!!
What credentials? There is no mention of his name or his affiliations.
You can see the whole letter here in the appendix filed with the court, except for a few redacted bits including the name.
http://www.courts.state.nh.us/caseinfo/pdf/labrie/2016/04292016labrie-briefapp.pdf
Besides the whole letter being super strange, what is defense hoping to accomplish with this letter? What does it prove to the court regarding his bail conditions? So some loony tunes in an ivory tower somewhere thinks Labrie should write a “master’s thesis” and that has WHAT to do with his bail conditions? It’s all too odd.