ALLEGHENY COUNTY COURT ORDERS NEW TRIAL FOR MAN CONVICTED OF ATTEMPTED MURDER DUE TO INEFFECTIVE ASSISTANCE OF COUNSEL

Attorney Noel’s client was convicted of attempted murder and aggravated assault, and was sentenced to serve 15 to 30 years in prison. Attorney Noel was retained to litigate a petition under Pennsylvania’s Post Conviction Relief Act, and alleged several claims involving ineffective assistance of trial and appellate counsel.

Of greatest significance, Attorney Noel argued that her client’s trial attorney was ineffective for failing to object to the omission of a “no-adverse-inference” instruction from the trial court’s closing instructions to the jury. Attorney Noel further argued that her client’s appellate attorney was ineffective for failing to raise the issue on direct appeal, which would have resulted in automatic reversal of her client’s convictions and sentences.

A no-adverse-inference instruction directs jurors that they may not draw any negative insinuation from a defendant's decision not to testify in his own defense. This is so because the defendant has an unqualified right not to take the stand if he so chooses. Stated differently, it is entirely up to the defendant in every criminal trial whether or not to testify. The defendant has an absolute right founded on the Constitution to remain silent, and the jury must not draw any inference of guilt, or any other inference adverse to the defendant, from the fact that he did not testify.

These critically important legal principles were omitted from the trial court’s closing charge to the jury. Consequently, Attorney Noel argued, there was a reasonable probability that the jury unconstitutionally held the defendant’s silence against him in reaching its verdict.

The trial court agreed with Attorney Noel, and granted Attorney Noel’s client relief in the form of a new trial.