Successful Post Conviction Relief Cases
McColl has persuaded lawyers to admit that they were not effective
McColl has successfully filed writs of habeas corpus in many cases. He has persuaded trial lawyers to sign affidavits, admitting that they have provided ineffective assistance of counsel. McColl is successful in this technique for many reasons, including that, based on his 30 years of criminal trial experience, he confronts the trial lawyer with specific, documented, inappropriate conduct that falls below the standard required for counsel to provide effective assistance to the client under the Constitution.
Setting aside (cancelling) convictions for sexual offenses
Recently, for example, McColl set aside (or cancelled) two lifetime consecutive sentences (that is commonly referred to as "stacked" or back-to-back), meaning that the client would have never gotten out of prison. McColl successfully filed this habeas corpus application in an alleged sexual abuse case. After a year of investigation, McColl showed (without the benefit of any scientific evidence, such as DNA) that the client was innocent, and the prosecution agreed to join McColl's application to set aside (or cancel) the conviction of the client. The client, of course, was ecstatic to go from the prospect of a lifetime in prison to have immediate release from custody.
Violation of probation by leaving the country
In another example, McColl succeeded in getting a conviction set aside for an international client who absconded for several months while on probation. McColl showed that the client had taken care of his father, at the strong suggestion of the father's medical doctor, and, as a result, the son's care caused his father to return to good health. Although there was a criminal warrant for the client's arrest, McColl was able to get the warrant withdrawn, allowing the client to re-enter Canada (where he was a citizen) without being arrested, and was able to litigate an unrelated but extremely important business matter (a pending infringement of his U.S. patent).