Eleventh Circuit Court of Appeals - Published Opinions

Tuesday, March 13, 2007

Dingle: No experts on cause of death not ineffective assistance

In Dingle v. Sec. Dep’t of Corrections, No. 05-13408 (March 8, 2007), the Court held that counsel was not ineffective for not calling any expert witnesses regarding the cause of the victim-baby’s death at a second trial, when, at the defendant’s first trial, counsel had called expert witnesses and this first trial ended with a guilty verdict.
The Court found that the tactical decision not to call expert witnesses was meant to focus on the issue of intent rather the issue of causation, and avoiding drawing attention of the brutality of the baby’s injuries.