19 results for 'cat:"Evidence" AND cat:"Ineffective Assistance" AND cat:"Murder"'.
J. Golemon finds the trial court properly convicted defendant for murder. Testimony from 13 witnesses, ballistics and firearms evidence, photographs, and surveillance video clearly showing shots fired from defendant's vehicle support the conviction. Though defendant claims self-defense, the record shows no request for such a jury instruction. Counsel's decisions at trial all fall within the range of reasonable professional assistance. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 1, 2024, Case #: 09-22-00337-CR, Categories: evidence, ineffective Assistance, murder
Per curiam, the appeals court finds the trial court partially erred in denying defendant's motion for postconviction relief based on ineffective assistance of counsel at his trial which ended in him being convicted of attempted first-degree murder and other charges. The trial court did not attach enough findings to totally refute defendant's claim it denied regarding unimpeached video testimony from the victim, so the case is remanded for the trial court to either hold an evidentiary hearing or attach the needed records. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1055, Categories: evidence, ineffective Assistance, murder
J. LaGrua finds that the trial court properly convicted defendant of murder, concealing the death of another and a firearm offense. The trial court correctly admitted evidence of Facebook messages and evidence of the victim's bank records which implied that defendant stole from him. The bank records evidence was intrinsic evidence necessary to explain defendant's financial motive and was not unfairly prejudicial. Defendant cannot show that the evidence of the Facebook messages between defendant and a co-conspirator probably impacted the trial outcome. Defendant failed to show that her trial counsel's performance was deficient or that she was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: March 5, 2024, Case #: S24A0095, Categories: evidence, ineffective Assistance, murder
J. Smith finds that although the majority of the prosecution's case rested on circumstantial evidence, there was more than enough to convict defendant of murder, including his DNA found on a hat near the victim, as well as a witness who testified defendant came to his home the day of the murder with blood on his clothing asking to wash his hands. Meanwhile, the failure by defendant's attorney to object to various witness statements that lent credibility to the prosecution's case did not rise to the level of ineffective assistance and was part of a sound trial strategy to avoid drawing attention to such evidence. Furthermore, his mention of possible drug use by defendant during closing arguments was also acceptable, as that information had already been brought up during trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: February 14, 2024, Case #: 2024-Ohio-549, Categories: evidence, ineffective Assistance, murder
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J. Gwin finds testimony from codefendants established defendant was aware it was the intention of the three men to kill the victim for his suspected theft of their personal belongings, and that even if he had left the scene of the crime before the victim died, his beating of the victim with both his fists and a brick was sufficient to convict him of murder. Although defendant's attorney failed to cross-examine his accomplices about inconsistencies in their versions of the crime, his conduct did not rise to the level of ineffective assistance because the court gave a comprehensive instruction to the jury that all the accomplice testimony should be viewed with grave suspicion. Affirmed
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 7, 2024, Case #: 2024-Ohio-429, Categories: evidence, ineffective Assistance, murder
J. Bates finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel. Even if his counsel had objected to defendant's new girlfriend's testimony that defendant put a gun in her mouth, there is no reasonable probability that the result of the trial would have been different. Affirmed.
Court: Missouri Court Of Appeals, Judge: Bates, Filed On: January 23, 2024, Case #: SD37871, Categories: evidence, ineffective Assistance, murder
J. Cassel finds the trial court properly convicted defendant for first-degree murder based on sufficient evidence. Witness testimony, as well as fingerprint and DNA evidence, link defendant to the scene of the shooting. Furthermore, the trial court properly sustained the state's oral motion to continue due to new evidence of defendant's cell phone, which had been seized in a different investigation. Affirmed.
Court: Nebraska Supreme Court, Judge: Cassel , Filed On: January 5, 2024, Case #: S-23-225, Categories: evidence, ineffective Assistance, murder
J. Musseman finds the trial court properly convicted defendant for first-degree murder and shooting with the intent to kill. The introduction of the medical examiner's report and toxicology report, though they do not fall under the hearsay exception, did not substantially affect the outcome of the case. Photographic lineups were not impermissibly suggestive and did not give rise to a likelihood of misidentification, and no ineffective assistance by counsel is found. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Musseman , Filed On: December 21, 2023, Case #: F-2021-692, Categories: evidence, ineffective Assistance, murder
Per curiam, the appellate division finds that the trial court properly convicted defendant of second-degree asphyxiation murder of her 16-month-old son because testimony of previous abuse controverted the theory that the victim's death was medically related. Meanwhile, ineffective assistance claims lack merit, and defendant failed to preserve certain arguments. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: KA 22-00187, Categories: evidence, ineffective Assistance, murder
J. Gallagher finds the performance of defendant's attorney did not fall below a reasonable standard when he failed to request removal of a juror who claimed his daughter was friends with one of the victim's children. Not only did the juror state on the record the relationship would not affect his impartiality, but he also had not spoken to his daughter in over four years, so the possibility of prejudice was remote. Meanwhile, the attorney's failure to object to the admission of cell phone records used to pinpoint defendant's location on the day of the crime did not constitute ineffective assistance because the witness's familiarity with cell phone location data properly authenticated the records. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: October 5, 2023, Case #: 2023-Ohio-3623, Categories: evidence, ineffective Assistance, murder
J. Peterson finds that the trial court properly convicted defendant of murder and other offenses. The trial court correctly admitted evidence of a robbery because it was relevant to show defendant's state of mind. Both offenses happened in the same area and involved the use of a gun. Defendant failed to show that the probative value of the evidence was outweighed by unfair prejudice. Defendant failed to show that his trial counsel was deficient for failing to request a jury instruction on self-defense. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: August 21, 2023, Case #: A23A0599, Categories: evidence, ineffective Assistance, murder
J. Jones finds the district court, after defendant exhausted all state remedies, properly rejected his federal habeas petition seeking investigative services to support his claims of ineffective assistance for counsel's failure to investigate alleged accomplices in the robbery and murder of a pastor for which defendant received the death penalty. Granted a certificate of appealability by the Fifth Circuit, defendant cannot demonstrate a reasonable probability that at least one juror would have recommended a life sentence had counsel investigated the purported accomplices. Affirmed.
Court: 5th Circuit, Judge: Jones , Filed On: June 30, 2023, Case #: 17-70012, Categories: evidence, ineffective Assistance, murder
J. Crothers finds that the district court properly denied an individual's application for post-conviction relief after the individual pleaded guilty to the charge of attempted murder and was sentenced to 15 years. The individual argues he is entitled to post-conviction relief because new evidence was discovered after he pleaded guilty and that he received ineffective assistance of counsel. Defendant did not meet the burden to show he received ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 8, 2023, Case #: 2023ND109, Categories: evidence, ineffective Assistance, murder
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. 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