46 results for 'cat:"Ineffective Assistance" AND cat:"Plea"'.
J. Ledet vacates the district court's granting of defendant's application for post-conviction relief related to his guilty pleas to possession of a firearm by a convicted felon, possession of methamphetamine with intent to distribute, possession of heroin with intent to distribute, and armed robbery with a firearm. Even if defendant's attorneys gave him the wrong information concerning his sentencing exposure, defendant did not show that he would have not pled guilty under a favorable plea agreement and gone to trial on the multiple charges, where he would have been exposed to enhanced sentences based on his prior drug charges. Vacated.
Court: Louisiana Court Of Appeal, Judge: Ledet , Filed On: May 2, 2024, Case #: 2024-K-0164, Categories: ineffective Assistance, plea
J. Abele finds that although defendant claimed both the victim and her husband lied about the victim's age before they engaged in sexual conduct, her attorney's failure to argue the state could not establish the mens rea for her charge of pandering sexually-oriented material involving a minor did not constitute ineffective assistance. Defendant admitted in her plea hearing she knew the victim was under the age of 18 and that she willfully created recordings of their sexual acts. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: April 19, 2024, Case #: 2024-Ohio-1502, Categories: ineffective Assistance, plea, Child Pornography
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J. Tabor finds that defendant was properly denied relief from his conviction for criminal mischief while using a dangerous weapon and other charges brought after he fled police pursuing him on an active warrant. A factual basis existed for his plea since defendant used his truck to ram police cars following the chase. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: April 10, 2024, Case #: 23-0431, Categories: ineffective Assistance, Weapons, plea
J. Miller finds defendant's attorney did not provide ineffective assistance of counsel when she suggested he take a plea deal. Although she told him the county of the trial court was predominantly white and that a jury could include biased members, such communications did not represent coercion or prevent defendant from making an informed decision about how to proceed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: 2024-Ohio-1334, Categories: ineffective Assistance, Assault, plea
J. McEvers finds that the district court properly entered an amended criminal judgment and a district court order denying defendant's request to withdraw his conditional guilty pleas and his claims of ineffective assistance of counsel. Defendant was charged with two counts of gross sexual imposition. Defendant did not show that his counsel rendered ineffective assistance. Affirmed.
Court: 9th Circuit, Judge: McEvers, Filed On: March 18, 2024, Case #: 2024ND47, Categories: ineffective Assistance, Sex Offender, plea
J. Hiramoto finds that the trial court properly denied defendant's ineffective assistance claim that counsel should have requested a mental health diversion prior to his no contest plea to carrying a concealed dirk or dagger. He failed to provide a probable cause statement as required for claims about pretrial mental health diversions. Affirmed.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: March 1, 2024, Case #: A165379, Categories: ineffective Assistance, Weapons, plea
[Consolidated.] J. McShan finds that the lower court properly convicted defendant based on his guilty plea to weapon possession. After going through four attorneys and bringing pro so motions as well, defendant contends counsel was ineffective for failing to challenge the search warrant that led to the discovery of a loaded handgun at his home, but his claims constituted nothing more than disagreement over strategy. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 29, 2024, Case #: 109578, Categories: Firearms, ineffective Assistance, plea
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to attempted burglary. Defendant failed to preserve claims challenging the voluntariness of his plea and contending he received ineffective assistance, and he failed to seek to withdraw the plea. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 15, 2024, Case #: 112261, Categories: ineffective Assistance, plea
J. Schuman finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims related to plea negotiations. His testimony that he would have accepted a plea deal in his murder case with better advice from his attorney was belied by the record, which showed on cross-examination he vehemently denied committing the crimes at least six times and vowed he would not "admit to something that he did not do." Affirmed.
Court: Connecticut Court Of Appeals, Judge: Schuman, Filed On: February 2, 2024, Case #: AC46191, Categories: Habeas, ineffective Assistance, plea
J. Tabor finds that defendant was properly denied relief from his conviction for operating a motor vehicle without the owner’s consent because defendant failed to prove counsel breached an essential duty by allowing him to plead guilty to the lesser offense since doing so allowed him to avoid a theft conviction. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: January 24, 2024, Case #: 22-1099, Categories: ineffective Assistance, Theft, plea
J. Moritz finds that the lower court improperly denied defendant's motion to withdraw his guilty plea regarding felon in possession of ammunition charges. During the proceedings, counsel misrepresented important information about the racial makeup of the jury that would be overseeing his trial and that all minorities would be removed from his jury, and those misrepresentations were not corrected by the court. Under this bad information, defendant's guilty plea was unknowing and involuntary. Reversed.
Court: 10th Circuit, Judge: Moritz, Filed On: January 23, 2024, Case #: 22-6132, Categories: Firearms, ineffective Assistance, plea
[Combined.] J. Pritzker finds that the lower court improperly declined to vacate defendant's conviction on his guilty plea to drug possession. Counsel failed to apprise defendant that the plea would make deportation to his native Haiti mandatory because the offense was an aggravated felony, creating hardship for him after two decades in the U.S. with work as a self-employed mechanic and as a parent of triplets. Reversed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: January 18, 2024, Case #: 113077, Categories: Immigration, ineffective Assistance, plea
J. Tookey finds that the post-conviction court properly denied relief on defendant’s claim that his trial counsel was inadequate for failing to advise him of developments in the law regarding the constitutionality of nonunanimous jury verdicts in the state. The record supports the post-conviction court's determination that defendant's claim "that his awareness of the remote possibility that the chain of events could occur would have changed his mind about pleading guilty 'strains credulity.' He also failed to show that his guilty plea was not knowing, intelligent and voluntary. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 4, 2024, Case #: A178753, Categories: ineffective Assistance, Sentencing, plea
J. Palafox finds that a lower court ruled correctly in convicting defendant on assault charges. Defendant argues that he received ineffective counsel by failing to communicate that the had accepted a plea offer before the state rescinded it, but he did not raise this issue until appeal and his attorney has not been given an opportunity to "to contest or contextualize his allegations." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 21, 2023, Case #: 08-23-00092-CR, Categories: ineffective Assistance, Assault, plea
J. Love finds that the district court properly denied defendant's post-conviction relief on the basis of ineffective assistance to set aside convictions for multiple offenses resulting from guilty pleas. Defendant's application is untimely because his conviction became final in 2019, and he did not file his application for post-conviction relief until 2023. Further, defendant does not show that he is entitled to an extension of the prescriptive period. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Love, Filed On: December 11, 2023, Case #: 2023-K-0736, Categories: ineffective Assistance, plea
[Consolidated.] J. Pritzker finds that the lower court properly denied defendant's request to vacate his conviction for possessing a weapon based on ineffective assistance because defendant failed to demonstrate counsel had declined to pursue a tack by forgoing suppression efforts to secure a favorable preindictment plea resolving other counts. Affirmed.
Court: New York Appellate Divisions, Judge: Pritzker, Filed On: November 16, 2023, Case #: 110489, Categories: ineffective Assistance, Weapons, plea
J. Buller finds that defendant was properly denied relief from the attempted murder conviction based upon his Alford plea to stabbing his wife. Defendant contends he entered the plea based on faulty advice from his attorney, but failed to prove he would have demanded a trial under different circumstances. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: November 8, 2023, Case #: 21-1335, Categories: ineffective Assistance, Murder, plea
J. Russell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel at both his guilty plea and sentencing proceedings. Counsel testified that he was aware of defendant's past competency issues, but said defendant was able to consult with him rationally and understood the proceedings. Further, the court observed defendant at both proceedings and said he did not appear erratic or confused. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: November 7, 2023, Case #: SC100084, Categories: ineffective Assistance, Sentencing, plea
J. Hixson finds the lower court properly denied defendant’s motion for a reduced sentence. Defendant pleaded guilty to attempted aggravated kidnapping and aggravated assault and agreed to a six-year sentence to be served incarcerated and to run consecutively to a prior conviction he received in a separate case. Defendant argues he received ineffective assistance of counsel, but he waived his right to argue it when he told the trial court that he was not going to pursue post-conviction relief, only a reduction in his sentence. The instant court finds that the record clearly indicated the defendant's sentences were to run consecutively and that he was aware of it at the time he entered his guilty plea. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: November 3, 2023, Case #: M2023-00112-CCA-R3-CD, Categories: ineffective Assistance, Sentencing, plea
J. Watkins finds that the trial court improperly denied defendant's motion to withdraw his guilty plea to aggravated assault and false imprisonment on the basis that his plea counsel failed to disclose a conflict of interest. Defendant alleged that his plea counsel was facing restitution for damaging the prosecutor's car in a hit-and-run incident. The trial court failed to address whether an actual conflict of interest existed and incorrectly required defendant to show that the presumed conflict of interest affected the outcome of the proceedings. Vacated.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 13, 2023, Case #: A23A1011, Categories: ineffective Assistance, Assault, plea
Per curiam, the circuit finds that the district court should have set aside defendant's conviction for cocaine distribution because defendant plausibly contends counsel advised a direct appeal could not be filed due to the plea deal.
Court: 2nd Circuit, Judge: Per curiam, Filed On: October 12, 2023, Case #: 22-13, Categories: ineffective Assistance, plea