I'll briefly mention this case for three reasons. First, it concerns an alleged serious crime (attempted murder) that occurred very near a place where I used to live: on Newport Avenue in Cardiff-by-the-Sea (which Justice Benke -- like many others -- shortens to "Cardiff"). Second, I thought I'd mention Justice Benke's discussion of the ineffective assistance of counsel claim, since it's fair, balanced, and neutral, which is something that you don't always see. Kudos to this USD Law ('74) graduate.
Finally, I thought it worth mention that the Court of Appeal found a local retained criminal defense attorney -- M. Lee Haugen of El Cajon -- to be reversibly ineffective. (Though it's also worth mention that the trial court, Judge Kirkman, stated that Haugen acted "in a very competent fashion" and that Justice Benke finds that Haugen only performed incomptently on a single issue, and acted competently on several others.) Still, not exactly something you'd want prominently listed on your resume, eh?
