[EllaMinnow]

On appeal, Scott can claim incompetent representation, but I don't think he can get a mistrial because of it.

If he's convicted, he can try to use it on appeal.

Amore - am I right?

[Southflanknorthpawsis]

On appeal, Scott can claim incompetent representation, but I don't think he can get a mistrial because of it.

That sounds logical. I sure hope that never happens, but I doubt it would work anyway.

[Amore]

You're partly right. I've never seen such a claim used as a basis for a mistrial. Further, a claim that trial counsel was ineffective is usually not an issue to be raised in the direct appeal either. It is, however, the main claim defendants make AFTER they have lost their direct appeal and are sitting around in prison, twiddling their thumbs and trying to figure out something that will get them out of there. It rarely works.