24 results for 'cat:"Ineffective Assistance" AND cat:"Robbery"'.
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel. His attorney's decision not to call an identification evidence expert witness at trial was sound strategy based on the unreliability of such evidence, which likely would have been ruled inadmissible by the trial court. Additionally, while the attorney should have interviewed the alibi witness's children, who were also present when she allegedly dropped the inmate off at the scene of the crime, their potential testimony would have been cumulative and would not have changed the outcome of the trial because they were not present at the time of the shooting. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 19, 2024, Case #: AC45569, Categories: Habeas, ineffective Assistance, robbery
J. Gamble finds that defendant was properly denied relief from his kidnapping and robbery conviction. Defendant contends counsel should have taken witness depositions before trial, but doing so would not have affected the outcome and, instead, would have resulted in witnesses identifying defendant before trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: March 27, 2024, Case #: 22-1589, Categories: ineffective Assistance, robbery, Kidnapping
J. Gallagher finds the trial court was not required to sever defendant's indictment and conduct separate trials. All three robberies were committed over a short period of time and involved similar characteristics, including being committed late at night on individuals alone in their cars, while the evidence for each crime was simple and direct, involving victim testimony from each of the incidents that was unlikely to confuse the jury. Meanwhile, because the outcome of the trial would have been no different if defendant's attorney had filed a motion to sever the indictment, defendant's ineffective assistance claim fails. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 14, 2024, Case #: 2024-Ohio-958, Categories: Criminal Procedure, ineffective Assistance, robbery
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J. Miller finds that despite defendant's claim he did not assault the victim to steal her phone, the state was not required to prove his mental state to convict him of robbery. Rather, it was required to prove he threatened or inflicted serious physical harm on the victim and, therefore, his conviction was supported by sufficient evidence because he took the phone immediately after he punched and dragged the victim. Meanwhile, the failure by defendant's attorney to object to potential hearsay testimony from a detective about inconsistencies in the victim's story did not prejudice defendant or rise to the level of ineffective assistance of counsel. The victim's testimony alone was sufficient to convict defendant of all three offenses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: February 20, 2024, Case #: 2024-Ohio-629, Categories: Evidence, ineffective Assistance, robbery
J. Tabor finds that defendant was properly denied postconviction relief after being convicted of robbery for holding up a Pizza Hut. His former co-workers recognized him and overwhelming evidence of the crime was found in defendant's car; therefore, counsel's recommendation that he waive a jury trial was an appropriate strategy. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1885, Categories: Evidence, ineffective Assistance, robbery
J. Baker finds that counsel was not deficient for deciding not to challenge questions the state asked defendant during his robbery trial. The prosecutor's "were they lying" questions were permissible because the credibility of the witnesses was a principal issue in determining his guilt. And in the context of his line of questioning, the prosecutor was not expressing a personal opinion when he asked, "You could just tell the truth, couldn't you?" Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 6, 2024, Case #: DA 22-0429, Categories: ineffective Assistance, Prosecutorial Misconduct, robbery
J. Buller finds that defendant was properly denied relief from his conviction for robbing a payday lender. Defendant contends counsel should have objected to the admission of a gun during trial, but the trial transcript indicates defendant instructed counsel to withdraw the objection for strategic purposes after discussing pros and cons. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: January 24, 2024, Case #: 22-1285, Categories: Evidence, ineffective Assistance, robbery
J. Mortensen finds the trial court improperly convicted defendant for home invasion and assault of a 72-year-old woman. Defendant was already in jail on drug charges and police interviewed him, resulting in a confession. Trial counsel was ineffective for failing to move to suppress defendant's confessions. The state had no other evidence of his guilt and the failure to move to suppress resulted in prejudice. Vacated.
Court: Utah Court Of Appeals, Judge: Mortensen , Filed On: December 14, 2023, Case #: 20210766-CA, Categories: ineffective Assistance, robbery, Assault
J. Powell denies the prisoner's motion for release due to ineffective counsel. The prison was convicted of several crimes stemming from a home-invasion robbery with aggravated malicious wounding at his wife's boss's house. The prisoner argues his counsel should have argued for insanity rather than involuntary intoxication. Still, the record establishes that trial counsel made a thorough investigation of the law and facts and chose a course of action that they believed had the best chance of success. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: December 14, 2023, Case #: 211114 , Categories: Habeas, ineffective Assistance, robbery
Per curiam, the appeals court finds the trial court improperly dismissed defendant's appeal of his sentence for armed robbery, which he brought in part on grounds that his counsel was ineffective for failing to evaluate his competency and understanding. The trial court erred in dismissing the appeal as "unauthorized" and should have, under the rules of criminal procedure, at least made clear in its order whether it was exercising its discretion to allow the claims in defendant's amended motion to proceed or summarily dismissing them with prejudice. This narrow part of its order overturned and the case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-1888, Categories: Firearms, ineffective Assistance, robbery
J. Montgomery finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of especially aggravated robbery, aggravated assault and reckless endangerment for entering a home under false pretenses and stabbing and robbing the occupant. Defendant received an effective 40-year sentence. Defendant argues he received ineffective assistance from trial counsel, but the instant court finds no error in the post-conviction court’s determination that defendant was fairly represented and is not entitled to relief. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: October 10, 2023, Case #: W2022-01459-CCA-R3-PC, Categories: ineffective Assistance, robbery, Assault
J. Martin finds that the lower court properly denied defendant's motion for post-conviction relief based on his counsel's failure to call a witness whose testimony could allegedly have supported a misidentification defense. The witness's testimony would not have provided defendant a viable defense in light of defendant's confession to assault and robbery. Affirmed.
Court: Missouri Court Of Appeals, Judge: Martin, Filed On: September 26, 2023, Case #: WD85758, Categories: ineffective Assistance, robbery
J. McFadden finds that the trial court properly convicted defendant of armed robbery and fleeing a police officer. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant was apprehended while driving one of the victims' stolen cars only 12 minutes after the robbery. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance in light of the strong evidence of his guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: September 20, 2023, Case #: A23A0821, Categories: ineffective Assistance, robbery
J. McBride finds that the lower court improperly dismissed defendant's postconviction petition alleging ineffective assistance of counsel. Counsel was arguably deficient in failing to move to exclude the hearsay statements of two testifying detectives, which were used by the state as evidence of defendant's guilt. Reversed.
Court: Illinois Appellate Court, Judge: McBride, Filed On: September 12, 2023, Case #: 210642, Categories: Habeas, ineffective Assistance, robbery
J. Warren finds that the trial court properly convicted defendant of murder, armed robbery, possession of a firearm during the commission of a felony and influencing a witness. Sufficient evidence was presented to support defendant's convictions. 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: Warren, Filed On: August 21, 2023, Case #: S23A0508, Categories: ineffective Assistance, Murder, robbery
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated robbery and aggravated burglary for taking electronics and other items from the victim’s apartment at gunpoint. Defendant was sentenced to 15 years for the aggravated robbery and 8 years for the aggravated burglary to run concurrently. Defendant’s claim of ineffective assistance of trial counsel is not substantiated, as he failed to show that trial counsel was defective in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: June 27, 2023, Case #: M2022-00727-CCA-R3-PC, Categories: Burglary, ineffective Assistance, robbery
J. Mortensen finds that defendant did not show that counsel was ineffective or that he suffered prejudice in a trial that ended with convictions for multiple offenses. Alleged erroneous jury instructions for aggravated sexual assault and aggravated kidnapping did not result in prejudice. And counsel was within reason to decide not to challenge the value of a phone that defendant destroyed and was the basis of a theft count. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: June 23, 2023, Case #: 20210286-CA, Categories: ineffective Assistance, robbery, Kidnapping
J. Phipps finds that the trial court properly convicted defendant of armed robbery. Sufficient evidence was presented to support defendant's conviction, including evidence that the victim identified defendant and that defendant was found wearing clothing that matched the victim's description and within arm's reach of the victim's wallet. Defendant has not shown that he was prejudiced by his counsel's failure to object to the prosecutor's alleged misconduct during closing argument in saying the victim was credible or in showing the jury a knife that could have been used in the attack. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 16, 2023, Case #: A23A0581, Categories: ineffective Assistance, robbery