Court of Appeals Reverses Burglary Conviction and Life Sentence Based on Violation of the Advocate Witness Rule

On December 16, 2015, the Court of Appeals reversed the burglary conviction and 23 years to life sentence of OAD client, Luis Ortiz. The Court agreed with our claim that the trial court erred in not declaring a mistrial when the prosecution sought to introduce statements made by Mr. Ortiz's attorney at arraignment in order to impeach Mr. Ortiz's trial testimony. Counsel argued that the statements did not accurately reflect what Mr. Ortiz had told her, and she sought to be relieved or a mistrial, as she was being placed in the untenable position of being a wtiness against her client. The Court of Appeals ordered a new trial for Mr. Ortiz. Mr. Ortiz was represented in the Court of Appeals by former OAD staff attorney Anant Kumar and Joseph Nursey. To read the decision, click here.