ABSTRACT

This chapter is dedicated to post-conviction attorneys dealing with issues concerning bloodstain pattern interpretation. While the emphasis is on post-conviction cases, the law is the law. The chapter provides an overview of issues to be evaluated and addressed at the post-conviction stage. In evaluating a case, post-conviction, deals with the trial transcript, pleadings, and discovery provided. In addition, for the purposes of appellate/post-conviction analysis, some mention of the standard of review is critical as the standard has varied within the federal circuits and among state courts. Post-conviction relief is especially onerous and circumscribed in scope. It is a collateral attack on the conviction, filed in the trial court. A collateral attack on the conviction is the optimum vehicle when defense counsel at trial failed to retain or present the necessary bloodstain expert. Based on judicial misconduct, coupled with trial counsel's failure to present any testimony on mitigation, the post-conviction judge granted Reichmann's motion to vacate the death sentence.