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COSIO v. U.S.

Nos. 98-CF-1906 & 02-CO-1453.

927 A.2d 1106 (2007)

Richard COSIO, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided June 21, 2007.

Attorney(s) appearing for the Case

Paul Y. Kiyonaga, Washington, DC, with whom Jonathan P. Willmott was on the brief, for appellant.

Elizabeth Trosman, Assistant United States Attorney, with whom Kenneth L. Wainstein, then United States Attorney, John R. Fisher, then Assistant United States Attorney, and Leah Belaire and Carolyn K. Kolben, Assistant United States Attorneys, were on the brief, for appellee.

Padraic B. Fennelly, with whom Christopher Landau, Washington, DC, was on the brief, appointed by the Court to participate as amicus curiae counsel.*

Before WASHINGTON, Chief Judge, FARRELL, RUIZ, REID, and GLICKMAN, Associate Judges, and WAGNER, FERREN, TERRY, and SCHWELB, Senior Judges.

GLICKMAN, Associate Judge:

This appeal concerns a criminal defendant's Sixth Amendment right to the effective assistance of counsel. Appellant Richard Cosio asserts that he was convicted of multiple felony counts of child sexual abuse because his trial counsel failed to discover readily available evidence that would have impeached his accuser. A divided three-judge panel of this Court rejected appellant's claim. We went en banc not only to reconsider the panel...

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