Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Appeals court hears challenge to conviction over admission of recanted witness testimony
Summary
At oral argument, counsel for Heath Bell urged reversal and remand, saying trial and appellate lawyers failed to prevent a recanted witness's statement from reaching a jury and that the witness was coerced; the state said counsel made an informed strategy and asked the court to affirm the post-conviction denial.
An appeals court heard arguments in the case of Heath Bell, whose attorney said trial and appellate counsel were ineffective for allowing a recanted witness's statement to reach the jury and for failing to secure a mandatory trustworthiness hearing under Rule 803(26).
"His trial counsel failed to protect his client by making sure that the mandatory procedural safeguards allowing the state's most essential piece of evidence to enter to the jury unvetted," counsel Josie Holland told the court. Holland urged the court to reverse and remand for a new trial, saying the omission demonstrated both deficiency under Strickland and prejudice tied to a related due-process concern.
Holland told the panel that a preliminary…
Already have an account? Log in
Subscribe to keep reading
Unlock the rest of this article — and every article on Citizen Portal.
- Unlimited articles
- AI-powered breakdowns of topics, speakers, decisions, and budgets
- Instant alerts when your location has a new meeting
- Follow topics and more locations
- 1,000 AI Insights / month, plus AI Chat
