Michael J. Guinan v. United States

Like my colleagues, I yearn for a system under which one appeal resolves the entire case. Unfortunately, ineffective assistance of counsel eludes once-and-for-all disposition. Trial counsel cannot be expected to attack his own performance, and a new lawyer representing the defendant on appeal finds that it is impossible to upset a conviction by pointing to his predecessor’s actions. Why impossible? Because the absence of a complete record prevents definitive action. No matter how odd or deficient trial counsel’s performance may seem, that lawyer may have had a reason for acting as he did.…