532 results for 'cat:"Ineffective Assistance"'.
J. Lorello finds that the trial court properly dismissed defendant's post-conviction claim that trial counsel should have tried to suppress the heroin police found in her purse during a traffic stop. Defendant consented to a precautionary search of the purse for weapons before she could retrieve a cigarette lighter. Police were not required to articulate a suspicion that the purse contained a weapon and would not have searched it if she had waited until after the stop to smoke. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 6, 2023, Case #: 49608, Categories: Drug Offender, ineffective Assistance, Search
J. Sparks finds the lower court properly sentenced defendant in this matter where defendant stabbed three people, killing two of them and permanently injuring another after a confrontation. Defendant was convicted on two specifications of premeditated murder and one specification of attempted premeditated murder and sentenced by the trial court to death. On appeal, the United States Air Force Court of Criminal Appeals upheld his convictions, but found evidence of ineffective assistance of trial counsel for failing to investigate some mitigating evidence. Though it found no prejudice, defendant’s sentence was reevaluated and changed to life without the possibility of parole, a reduction in grade, reprimand and dishonorable discharge. The instant court finds no error in the lower court’s findings. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Sparks, Filed On: June 5, 2023, Case #: 22-0090, Categories: ineffective Assistance, Murder, Sentencing
J. Hixson finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to second degree murder and received a 45-year sentence to be served in its entirety. Though defendant argues trial counsel's failure to file a motion to suppress his confession to the county sheriff was a deficiency in his representation, the lower court found it was not, and that trial counsel did not file based on his analysis that defedant's confession was properly handled by police. The instant court finds no error in the lower court’s decision, and defendant’s claim of ineffective assistance of trial counsel is without merit as he was properly represented. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 5, 2023, Case #: W2022-00642-CCA-R3-PC, Categories: Evidence, ineffective Assistance, Murder
J. Baggett finds that the trial court properly convicted defendant of trafficking persons for sexual servitude, criminal attempt to commit child molestation and a firearm offense. The trial court correctly denied defendant's motion for a new trial and found that defendant's trial counsel was not deficient for failing to file a motion to suppress evidence obtained as a result of a traffic stop. Officers had reasonable suspicion that defendant's vehicle was being driven by the person who had exchanged text messages with an undercover officer to pay for sex with an underage girl. Defendant failed to show that the trial court's jury instructions on the sex trafficking or child molestation offenses affected the trial outcome or confused the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0263, Categories: ineffective Assistance, Sex Offender, Jury Instructions
J. Johnson affirms the trial court’s convictions of the defendant for stealing an unattended car at a gas station then leading police on a high-speed chase until his arrest, after he crashed the vehicle into a building. The case is returned to the trial court to eliminate improperly added convictions. The defendant’s corrected convictions are for one count of aggravated auto theft and one count of unlawful flight to a peace officer, with concurrent sentences of four years and two years respectively. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220231, Categories: ineffective Assistance, Sentencing, Vehicle
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J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to attempted drug possession. Defendant failed to preserve ineffective assistance claims, and his statements had not triggered the narrow exception by being inconsistent with, or calling into question the voluntariness of, his plea. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 1, 2023, Case #: 112995B, Categories: Drug Offender, ineffective Assistance, Plea
J. Ryan finds defendant's attorney did not provide ineffective assistance when he failed to object to the trial court's joinder of both defendant's indictments. All of the criminal charges were part of a single course of criminal conduct that occurred over a period of several days, while the evidence for each charge was distinct and unlikely to confuse the jury. Meanwhile, the trial court was not required to make factual findings before it imposed consecutive sentences because the life without parole sentence for defendant's murder conviction made the rest of the sentences purely academic, according to previous rulings from this court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: June 1, 2023, Case #: 2023-Ohio-1817, Categories: ineffective Assistance, Murder, Sentencing
J. Lowy upholds defendant's first-degree murder conviction and refuses to reduce the verdict. The theory of deliberate premeditation is supported by evidence, and defendant fails to show he received ineffective assistance of counsel or that a certain portion of the prosecutor's closing argument was improper. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: June 1, 2023, Case #: SJC-12023 , Categories: Evidence, ineffective Assistance, Murder
J. Pinson finds that the trial court properly convicted defendant of murder and firearm offenses. Defendant failed to show that he was prejudiced by his trial counsel's reliance on outdated precedent in seeking the admission of evidence about the victim's past criminal convictions. Sufficient evidence was presented to support defendant's convictions and to reject defendant's claim that he killed the victim in self-defense. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: May 31, 2023, Case #: S23A0281, Categories: ineffective Assistance, Murder
J. LaGrua finds that the trial court properly convicted defendant of murder and correctly denied defendant's motion for a new trial based on prosecutorial misconduct. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant fatally shot the victim in front of multiple eyewitnesses. Defendant failed to show that his trial counsel's performance was deficient or that he was prejudiced by his counsel's failure to request a jury instruction on confession corroboration. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: May 31, 2023, Case #: S23A0166, Categories: ineffective Assistance, Murder, Jury Instructions
Per curiam, the North Dakota Supreme Court finds that the district court properly denied defendant's application for post-conviction relief after defendant was convicted of aggravated assault and two counts of gross sexual imposition. Defendant claims that he received ineffective assistance of counsel for failing to move to strike two jurors for cause. An unsuccessful trial strategy does not make defense counsel’s assistance defective. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: May 30, 2023, Case #: 2023ND105, Categories: ineffective Assistance, Sex Offender, Assault
Per curiam, the appeals court finds the trial court properly determined defendant was given ineffective assistance of counsel in the form of legally incorrect advice which led him to reject a deal the state offered for a six-year prison term and instead proceed to trial, where he was found guilty and sentenced to 20 years. The remedy the lower court ordered granting defendant a new trial was incorrect, as Florida precedent holds that defendant should have at least been offered the same six-year deal he had previously been offered. The case is remanded for further proceedings taking into account the precedent and this opinion. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 26, 2023, Case #: 23-0054, Categories: Criminal Procedure, ineffective Assistance, Conspiracy
J. Doyle finds that the trial court properly convicted defendant of child molestation offenses and correctly denied his motion for a new trial. The trial court did not commit any error by admitting the inconclusive DNA results of the victim's rectal swab into evidence. The DNA analyst's testimony about the DNA testing was relevant to understanding the lab report. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 26, 2023, Case #: A23A0484, Categories: Dna, ineffective Assistance, Sex Offender
J. Deahl upholds the trial court's refusal to find for defendant on his claim the government failed to turn over ballistics evidence in his assault case, and that he received ineffective assistance due to his attorney's failure to pursue a third-party perpetrator defense. Defendant fails to show the government knew about the ballistics proof, and defense counsel's decision not to use the third-party defense was reasonable. Affirmed.
Court: DC Court of Appeals, Judge: Deahl, Filed On: May 25, 2023, Case #: 19-CO-0745, Categories: Evidence, ineffective Assistance, Assault
J. Doyle finds that the trial court properly denied defendant's motion for a new trial following his convictions for criminal attempt to commit murder, aggravated battery and aggravated assault. Defendant has not shown that his trial counsel performed deficiently by failing to object to the introduction of evidence that defendant was on probation when he was arrested. Defendant's probation status was necessary to the story of his arrest and to show that he may have tried to conceal clothing evidence of the crime because he knew his home could be searched without a warrant. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: May 25, 2023, Case #: A23A0396, Categories: ineffective Assistance, Assault, Battery
J. Gould finds that the district court improperly denied defendant's habeas corpus petition challenging his conviction and 10-to-25-year sentence for second-degree murder. Defendant showed that his attorney's decision to waive closing argument was not based on strategy and that he was prejudiced by his counsel’s waiver. Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: May 24, 2023, Case #: 22-15557, Categories: ineffective Assistance, Murder, Sentencing
J. Tabor finds that defendant was properly denied ineffective relief from his conviction for burglary, domestic abuse assault, and other charges, because counsel was not bound to mention sex offender treatment as a potential consequence of the plea bargain because defendant did not plead guilty to a sexually motivated crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: May 24, 2023, Case #: 22-0523, Categories: ineffective Assistance, Sentencing, Plea
J. Greer finds that defendant was properly denied relief from his 2015 conviction for indecent exposure after exposing himself to a correctional officer. Defendant dismissed two court-appointed attorneys in a effort to represent himself, then falsely claimed he had not been allowed to testify on his own behalf. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: May 24, 2023, Case #: 22-1046, Categories: ineffective Assistance, Sex Offender
J. Dillard finds that the trial court properly convicted defendant of DUI and passing an emergency vehicle in violation of the Spencer Pass Law. The deputy's stop of defendant's vehicle was justified by his reasonable belief that defendant violated the statute when he failed to move to the left lane despite the presence of the patrol car in the far right emergency lane. Although the trial court incorrectly admitted the deputy's testimony that defendant refused to take a portable breath test, the error was harmless in light of the overwhelming evidence of defendant's guilt. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: May 23, 2023, Case #: A23A0357, Categories: ineffective Assistance, Dui
Per curiam, the Ninth Circuit finds that the district court properly entered judgment after defendant was found guilty of first-degree murder during the course of a burglary and robbery with personal use of a deadly and dangerous weapon. Defendant was sentenced to death and alleged ineffective assistance of counsel. The California Supreme Court could reasonably have concluded that counsel met performance standard as to two of the alleged deficiencies and the remaining alleged deficiencies did not prejudice defendant. Affirmed.
Court: 9th Circuit, Judge: Per curiam, Filed On: May 23, 2023, Case #: 18-99001, Categories: Death Penalty, ineffective Assistance, Murder