9 results for 'cat:"Habeas" AND cat:"Ineffective Assistance" AND cat:"Murder"'.
J. Cadish finds the district court properly granted defendant's petition for postconviction relief. Convicted for robbery and weapons charges as well as two counts of murder, defendant's counsel failed to present testimony to impeach his codefendants' testimony. Evidence showed defendant's attorneys received a letter from an inmate saying a codefendant admitted defendant did not kill the victims and the codefendant lied in order to receive a lenient sentence. Another statement from another codefendant characterizing defendant as a violent person was not described in the state's notice of intent to seek the death penalty or its notices of evidence in aggravation. Based on the omissions, counsel should have challenged the introduction of the evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: April 26, 2024, Case #: 83685, Categories: habeas, ineffective Assistance, murder
J. Collins finds that the district court properly denied defendant's habeas corpus petition challenging his state court convictions for attempted murder, battery and burglary arising from his stabbing attack on multiple employees at the Clark County Social Services office in Henderson, Nevada. Defendant contended that his trial counsel was ineffective in failing to pursue a defense of voluntary intoxication with respect to the charges that required the state to prove specific intent. Defendant did not present sufficient evidence for the ineffective assistance claims. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: March 19, 2024, Case #: 21-15806, Categories: habeas, ineffective Assistance, murder
J. Duncan finds the district court properly denied defendant's habeas petition in which he sought relief from a state murder conviction wherein he received the death penalty. Defendant's claims of ineffective assistance as to trial counsel's actions involving jury selection and pretrial discovery were not properly briefed before the state appeals court. He has not shown the court would have ruled in his favor even with proper briefing. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 16, 2024, Case #: 19-70008, Categories: habeas, ineffective Assistance, murder
J. Swan finds the superior court properly denied defendant's habeas corpus petition after convicting him of first-degree murder and sentencing him to life imprisonment. Defendant's arguments supporting his petition, including that his counsel was ineffective for failing to object to inconsistent statements from two witnesses at his trial and that newly discovered evidence in the form of a witness statement exonerates him, fail, and the court's denial of his petition stands. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 10, 2024, Case #: 2024 VI 2, Categories: habeas, ineffective Assistance, murder
J. Brasher finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder. Defendant's trial counsel was not deficient for failing to adequately impeach an eyewitness with evidence of his probationary status and probation violation warrants which were pending at the time of the trial. Defendant's counsel was also not ineffective for failing to call a detective to testify that the eyewitness said he could not swear to his identification of defendant during a photo lineup. Defendant's counsel challenged the strength of the eyewitness's identification during cross-examination in other ways. Other ineffective assistance claims raised by defendant are barred by the statute of limitations because they do not relate back to the initial, timely filed habeas petition. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: January 8, 2024, Case #: 22-13616, Categories: habeas, ineffective Assistance, murder
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J. Kern finds that a habeas court improperly granted relief for ineffective assistance of counsel stemming from a jury conviction of first-degree
manslaughter for the death of a sixteen-month-old child. While defense counsel’s opening statement included an "imprecise remark, not attributable to trial strategy," the mistake did not deprive defendant of a fair trial. Reversed.
Court: South Dakota Supreme Court, Judge: Kern , Filed On: December 6, 2023, Case #: 2023SD65, Categories: habeas, ineffective Assistance, murder
J. Prescott finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims. Although police began downloading data from his cell phone before a judge signed their search warrant, none of the data was examined prior to the issue of the warrant, while police also had multiple avenues to obtain calls and texts between the inmate and his co-conspirator, all of which would have rendered any motion to suppress futile. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Prescott, Filed On: November 17, 2023, Case #: AC45712, Categories: habeas, ineffective Assistance, murder
J. Seeley finds the lower court properly denied the inmate's petition for a writ of habeas corpus because his claims of ineffective assistance related to the state's plea offer before a murder trial were meritless. The inmate's attorney properly explained the elements of the crimes with which he was charged and the state's burden of proof. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: October 13, 2023, Case #: AC45795, Categories: habeas, ineffective Assistance, murder
J. Seeley finds the lower court properly dismissed the inmate's habeas petition. The possibility of undermining the defense's strategy of proving several witnesses intentionally misidentified the inmate as the shooter gave his attorney a legitimate reason not to call a witness who was allegedly willing to testify she saw "two masked men" commit the murder instead of the inmate. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: September 8, 2023, Case #: AC45841, Categories: habeas, ineffective Assistance, murder