11 results for 'cat:"Ineffective Assistance" AND cat:"Jury" AND cat:"Murder"'.
J. Pinson finds that the trial court properly convicted defendant of murder and a firearm offense. Sufficient evidence was presented to support defendant's convictions for shooting the victim 16 times, including evidence that defendant told his coworkers he hated the victim and fantasized about killing him. The trial court correctly refused to give defendant's requested jury instruction on voluntary manslaughter. The victim's actions in yelling, cursing and threatening to get a gun were not enough to provoke a sudden, irresistible passion in a reasonable person to warrant the injury instruction. Defendant's trial counsel was not deficient for failing to object to testimony from defendant's coworkers. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: May 14, 2024, Case #: S24A0405, Categories: ineffective Assistance, murder, jury Instructions
J. Ahlers finds that defendant's petition seeking relief from his conviction for murdering a taxi driver was properly dismissed because counsel was not ineffective for declining to challenge the motion to strike a potential juror for having a prior felony conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: May 8, 2024, Case #: 23-0407, Categories: ineffective Assistance, jury, murder
J. Carr finds that defendant was properly convicted of attempted murder and other charges for threatening and stabbing a man with a knife because defendant failed to bring ineffective assistance claims regarding jury polling to the court's attention at the proper time. Affirmed.
Court: Iowa Court Of Appeals, Judge: Carr, Filed On: May 8, 2024, Case #: 22-2002, Categories: ineffective Assistance, jury, murder
J. Boggs finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. Defendant failed to show that his substantial rights were affected by the trial court's failure to give the jury an instruction on no duty to retreat. The trial court correctly gave the jury a sequential unanimity instruction on involuntary manslaughter as a lesser offense of murder. Defendant failed to show that he was prejudiced by his trial counsel's alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: December 19, 2023, Case #: S23A0906, Categories: ineffective Assistance, murder, jury Instructions
J. Pinson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's theory of self-defense. The trial court correctly instructed the jury on simple assault and defendant failed to show that the trial court committed any error in failing to charge the jury on the lesser offenses of felony or misdemeanor involuntary manslaughter. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: December 19, 2023, Case #: S23A0802, Categories: ineffective Assistance, murder, jury Instructions
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J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. The trial court correctly denied defendant's motion for a directed verdict because there was evidence allowing the jury to find that defendant was a knowing participant when he started a dispute with the victim. Defendant's trial counsel was not deficient for failing to request a jury charge on good character evidence. Defendant failed to show that the trial outcome would have been different if the jury had received the charge. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: September 19, 2023, Case #: S23A0670, Categories: ineffective Assistance, murder, jury Instructions
J. Warren finds that the trial court properly convicted defendant of murder, possession of marijuana with intent to distribute and possession of a firearm during the commission of a felony. Defendant failed to show that the trial outcome was likely affected by the trial court's failure to instruct the jury on justification and no duty to retreat. The evidence supporting defendant's self-defense theory was weak. Defendant also failed to show that the trial court committed any error by failing to instruct the jury on accomplice corroboration. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: August 21, 2023, Case #: S23A0550, Categories: ineffective Assistance, murder, jury Instructions
J. McMillian finds that the trial court properly convicted defendant of murder and a firearm offense. Sufficient evidence was presented to support defendant's convictions and the trial court did not commit any error in denying defendant's motion to exclude a potential juror who worked at the county jail where defendant was housed waiting for trial. The potential juror did not sit on the jury, therefore defendant cannot show he was harmed. Defendant failed to show that his trial counsel performed deficiently or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: August 21, 2023, Case #: S23A0518, Categories: ineffective Assistance, jury, murder
J. McKeig affirms the dismissal of the prisoner's second postconviction relief petition, which claimed ineffective assistance of appellate counsel and jury misconduct and sought to compel discovery. There is no reasonable probability, in light of overwhelming evidence that the prisoner killed his wife after searching for poisons and a hit man on the dark web, that the outcome of the prisoner's trial or appeals would have been different were it not for claimed errors. The prisoner also failed to meet his burden to show the need for a hearing on alleged jury misconduct. Affirmed.
Court: Minnesota Supreme Court, Judge: McKeig, Filed On: July 19, 2023, Case #: A22-1378, Categories: ineffective Assistance, jury, 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