11 results for 'cat:"Ineffective Assistance" AND cat:"DUI"'.
J. Kyzar finds that defendant was properly convicted for DWI, fifth offense. Defendant claims that his counsel failed when they did not seek to suppress and object to the use his medical records as evidence, as those include the results of his blood alcohol tests, but there was no reason why the trial court would allow counsel to suppress or successfully object to the admission of this evidence that the trooper obtained with a warrant.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 17, 2024, Case #: KA-23-742, Categories: Evidence, ineffective Assistance, dui
J. Alley finds a lower court ruled correctly in convicting defendant of intoxication manslaughter and intoxication assault following a car accident involving defendant that left one person dead and another seriously injured. Defendant, who pleaded guilty, argued his plea had been involuntary on the grounds that he had ineffective counsel, but his only argument for this claim is that his attorney believed that he was eligible for community service, which was in fact true until the court made a deadly-weapon finding. Affirmed.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 25, 2024, Case #: 08-23-00125-CR, Categories: ineffective Assistance, dui, Manslaughter
J. Welch finds the trial court properly convicted defendant for refusal to submit to a test, driving under revocation and operating a motor vehicle to avoid arrest. Defendant did not stop for more than 10 blocks when the officer attempted to pull her over for speeding, and was found to have bloodshot eyes and smelled of alcohol while operating under a revoked license. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: November 28, 2023, Case #: A-23-262, Categories: Evidence, ineffective Assistance, dui
J. Randolph finds the lower court properly convicted defendant of driving under the influence (DUI) third offense. Defendant was pulled over after almost colliding with a police vehicle on a roadway. During the traffic stop, the officer saw an open beer can in the console of the vehicle and smelled alcohol on the defendant, resulting in a certified DUI officer being called to the scene. The certified DUI officer administered a field sobriety test, which defendant failed, and she was taken into custody and ticketed for careless driving and driving under the influence. Defendant argues the lower court’s handling of jury instructions prejudiced the outcome of her trial, and that she received ineffective assistance from trial counsel. The instant court finds no error in the lower court’s handling of jury instructions and that the defendant abandoned her ineffective assistance of counsel claim by failing to state an issue. Affirmed.
Court: Mississippi Supreme Court, Judge: Randolph, Filed On: September 21, 2023, Case #: 2022-KA-00754-SCT, Categories: ineffective Assistance, dui, Jury Instructions
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J. Golemon finds the trial court properly convicted defendant by guilty plea for felony DWI after he was found alone in the driver’s seat of his vehicle, crashed into a tree. Though defendant claimed another man was driving the evidence does not support this. Officers interviewed the man who defendant claimed was driving and found no injuries. The record also lacks sufficient information to support defendant’s claims of ineffective assistance. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon, Filed On: August 30, 2023, Case #: 09-21-00237-CR, Categories: Evidence, ineffective Assistance, dui
J. Emfinger finds the lower court properly convicted defendant of leaving the scene of an accident that caused mutilation, disfigurement, and/or destruction of a limb or organ, aggravated driving under the influence, and the DUI-related death of an unborn child. Defendant crashed into an oncoming vehicle after drinking and smoking marijuana. The crash severely injured the driver of the other vehicle and killed her unborn child. Defendant left the scene of the crash on foot before emergency personnel arrived. On appeal, defendant argues he received ineffective assistance of trial counsel, but the record indicates otherwise and his arguments are without merit. Affirmed.
Court: Mississippi Court Of Appeals, Judge: Emfinger, Filed On: August 29, 2023, Case #: 2021-KA-01265-COA, Categories: ineffective Assistance, dui
J. Doyle finds that the trial court properly convicted defendant of DUI and improper parking. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant failed field sobriety tests, registered positive on an alco-sensor and smelled of alcohol. The trial court correctly instructed the jury on demonstrative evidence and the charge as a whole was unlikely to have confused the jury. Defendant failed to show that she was prejudiced by her trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 28, 2023, Case #: A22A1738, Categories: ineffective Assistance, dui
J. Reynolds Fitzgerald finds that the lower court properly declined to vacate defendant's conviction for assault, reckless driving, and driving while ability impaired after a night on the town ended in a crash that severely injured a passenger. Defendant contends counsel was ineffective for failing to seek a mistrial after two local newspapers published comments in which the judge accused defendant of dishonesty and misconduct, but the statements had been made outside the jury's presence and jurors had been admonished to avoid news reports on the trial. Affirmed.
Court: New York Appellate Divisions, Judge: Reynolds Fitzgerald, Filed On: June 22, 2023, Case #: 113556, Categories: ineffective Assistance, Judiciary, dui
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