11 results for 'cat:"Ineffective Assistance" AND cat:"Domestic Violence"'.
J. Mortensen finds that the lower court properly convicted defendant of aggravated assault and domestic violence in the presence of a child. Defendant’s wife reported to police that defendant assaulted her in front of their five children, but later recanted her statement and asserted her Fifth Amendment right 47 times at trial. Defendant argues that hearing the invocations over and over prejudiced the jury, but he did not object to the invocations prior to appeal. Also, his argument of ineffective assistance of counsel fails, as what defendant views as error by counsel would not have impacted the outcome of the trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220006-CA, Categories: ineffective Assistance, Assault, domestic Violence
J. Duhart finds defendant's speedy trial rights were not violated when she was brought to trial more than 270 days after being charged with assault. Although the domestic violence charge added to her indictment arose from the same set of facts and did not restart the speedy trial clock, the multiple continuances filed by defendant and her attorney tolled the clock and rendered the delay reasonable. Meanwhile, the failure by defendant's attorney to object to police bodycam footage admitted at trial did not constitute ineffective assistance because the statements on the video were excited utterances made immediately after the fight between defendant and the victim and, therefore, any objection would have been overruled. Affirmed.
Court: Ohio Court Of Appeals, Judge: Duhart, Filed On: November 3, 2023, Case #: 2023-Ohio-4403, Categories: ineffective Assistance, domestic Violence, Speedy Trial
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J. Lawrence finds that the lower court improperly denied defendant's petition for post-conviction review, following her conviction for domestic violence assault. The lower court erred in determining that "trial counsel's decision to open the door to prejudicial evidence" regarding defendant's parenting practices did not fall below the standard of reasonableness. When viewed in combination with counsel's failure to object to prosecutorial error, the court concludes that "there is a reasonable probability that the outcome of the proceeding would have been different." Vacated.
Court: Maine Supreme Court, Judge: Lawrence, Filed On: November 2, 2023, Case #: 2023ME66, Categories: ineffective Assistance, domestic Violence
J. Gaitas affirms the district court's denial of a postconviction relief petition arguing that a defendant's due process rights were violated when the district court failed to order a competency evaluation and his attorney did not request one. At relevant hearings, the defendant's behavior was not so unusual that a reasonable attorney should have doubted his competence, regardless of the defendant's previous findings of incompetence for similar behavior. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: August 28, 2023, Case #: A21-0938, Categories: Competence, ineffective Assistance, domestic Violence
J. Ahuja finds that the lower court improperly denied defendant's post-conviction petition alleging ineffective assistance of counsel stemming from defendant's conviction of second-degree domestic assault for shooting his wife in the leg. Counsel failed to request a lesser-included offense jury instruction for fourth-degree domestic assault when the evidence could support a jury finding that defendant did not intentionally aim at his wife or pull the trigger. Defendant is entitled to a new trial. Reversed.
Court: Missouri Court Of Appeals, Judge: Ahuja, Filed On: August 15, 2023, Case #: WD85542, Categories: ineffective Assistance, domestic Violence
J. Miller finds that despite defendant's claim of self-defense, his domestic violence conviction is supported by sufficient evidence. The victim's testimony about the assault, including being grabbed by the arm and struck with a broom handle, satisfied the elements of the crime, while it was up to the jury to determine the credibility of all witnesses. Meanwhile, defendant's ineffective assistance claim fails because the alleged evidence on SD cards from his home security camera are not in the record and may not exist at all, and an attorney's performance cannot be considered deficient for a failure to introduce evidence that does not exist. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: June 26, 2023, Case #: 2023-Ohio-2101, Categories: ineffective Assistance, domestic Violence, Self Defense