525 results for 'cat:"Ineffective Assistance"'.
J. Witt finds that the juvenile court properly transferred defendant for criminal prosecution as an adult on first-degree assault charges. The court reasonably found defendant beyond rehabilitation under the juvenile code due to his extensive criminal history and failure to positively respond to the services offered to him. Therefore, defendant was not prejudiced by counsel's alleged error in failing to hire an expert on child development. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86022, Categories: ineffective Assistance, Juvenile Law
J. Witt finds that the lower court properly transferred defendant's case for criminal prosecution as an adult on sodomy and child molestation charges. Defendant cannot show he was prejudiced by his counsel's failure to use the word "laches" in challenging the certification, as counsel made the very argument that defendant claims he failed to make. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: May 7, 2024, Case #: WD86093, Categories: ineffective Assistance, Juvenile Law
J. Lambert finds the trial court improperly denied defendant's post-conviction motion alleging ineffective assistance of counsel at his second-degree murder trial which ended in his conviction for attempted manslaughter and shooting or throwing deadly missiles into an occupied vehicle. Defendant correctly argues that his counsel was ineffective for failing to impeach the state's key witness, specifically a woman who identified him as the shooter and claimed to have met him and had sexual relations with him years earlier when they went to middle school together. The trial court's order summarily denying defendant's motion is overturned on that ground, and the case is remanded for an evidentiary hearing or attachment of additional records. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: May 3, 2024, Case #: 23-2570, Categories: ineffective Assistance, Murder
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Per curiam, the appellate division finds that the lower court properly convicted defendant of assault, but should only have convicted on one charge. The evidence, including testimony from a police officer, shows that he spat on an elderly victim and punched him in the face. Also, his ineffective assistance of counsel claim fails because the record does not permit review of it. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02381, Categories: ineffective Assistance, Assault
J. Walker finds that the lower court improperly dismissed defendant's post-conviction petition alleging ineffective assistance of counsel. The record is insufficient as to counsel's actions in obtaining any excuse for his delay in filing the postconviction petition. Reversed.
Court: Illinois Appellate Court, Judge: Walker, Filed On: May 3, 2024, Case #: 221644, Categories: ineffective Assistance, Arson
J. Bright finds that while the attorney's failure to present evidence of the inmate's mental health issues at a hearing to determine whether good cause existed for the untimely filing of his habeas corpus petition may have constituted ineffective assistance of counsel, the inmate's failure to provide any evidence regarding the claim required dismissal of his appeal to this court.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: May 3, 2024, Case #: AC43187, Categories: Evidence, Habeas, ineffective Assistance
J. Alvord finds the lower court properly dismissed the inmate's second habeas petition despite expert testimony that rebutted the state's conclusion the shooting victim died of a contact wound. Not only did the expert's testimony merely cast doubt on whether the victim had a gun pressed against his skin at the time of the shooting, but there was other, overwhelming evidence to convict the inmate, who failed to show any prejudice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: May 3, 2024, Case #: AC46270, Categories: Habeas, ineffective Assistance, Experts
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. Oliver finds that defendant's behavior was not required to hold a sua sponte hearing to evaluate defendant's competence to stand trial for sexual abuse of a child. His remarks about his medical conditions did not require a hearing, and counsel assured the trial court that he comprehended events and could aid in his defense. Also, counsel was not deficient for seeking testimony about the victim's truthfulness since defendant admitted to the abuse in recorded interviews. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20220407-CA, Categories: Competence, ineffective Assistance, Sex Offender
J. McFadden finds that the trial court properly convicted defendant of aggravated battery and cruelty to children. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to file a general demurrer or motion in arrest of judgment as to one of the child cruelty counts in the indictment. Sufficient evidence was presented to support the child cruelty conviction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: May 1, 2024, Case #: A24A0534, Categories: ineffective Assistance, Battery, Child Victims
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: ineffective Assistance, Sentencing, Sex Offender
J. Golemon finds the trial court properly convicted defendant for murder. Testimony from 13 witnesses, ballistics and firearms evidence, photographs, and surveillance video clearly showing shots fired from defendant's vehicle support the conviction. Though defendant claims self-defense, the record shows no request for such a jury instruction. Counsel's decisions at trial all fall within the range of reasonable professional assistance. Affirmed.
Court: Texas Courts of Appeals, Judge: Golemon , Filed On: May 1, 2024, Case #: 09-22-00337-CR, Categories: Evidence, ineffective Assistance, Murder
J. LaGrua finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. The trial court correctly refused to instruct the jury on voluntary manslaughter because the evidence did not support the charge. Sufficient evidence was presented to support defendant's aggravated assault and firearm possession convictions and to allow the jury to find that defendant was involved in a second shooting. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: April 30, 2024, Case #: S24A0352, Categories: ineffective Assistance, Murder, Assault
J. Agee finds the lower court improperly rejected the inmate's request for a new trial on perjury charges. The inmate argued he deserved a new trial because his counsel was ineffective for failing to appeal erroneous jury instructions. The state agrees that counsel was ineffective on this issue and the inmate is entitled to a new trial. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: April 30, 2024, Case #: 22-6272, Categories: Habeas, ineffective Assistance, Jury Instructions
J. McMillian finds that the trial court properly convicted defendant of murder predicated on aggravated assault. Sufficient evidence was presented to support defendant's conviction and to show that he was a party to the crimes, including defendant's admission that he helped the accomplice during his fight with the victim and evidence that defendant's clothes were covered with the victim's blood. Defendant failed to show that his trial counsel's performance was deficient or that he was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: April 30, 2024, Case #: S24A0170, Categories: ineffective Assistance, Murder
J. Ransom finds that the lower court properly convicted defendant on drug charges. The court was not required to appoint counsel to represent defendant at his initial appearance or bail hearing, because these are not critical stages of the prosecution. Further, defendant's claim regarding the denial of defendant's motion to suppress evidence because detectives lacked jurisdiction to arrange drug buys outside city limits is not preserved for judicial review. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100170, Categories: Drug Offender, ineffective Assistance, Due Process
J. Menashi finds that the district court properly revoked probation imposed upon defendant's conviction for drug trafficking and sentenced him to prison for violating the terms of release by repeatedly raping his teenage daughter over the course of a year. Defendant contends he received ineffective assistance at the violation hearing when counsel failed to present medical evidence indicating he was physically incapable of rape due to previous injuries, but he failed to demonstrate that any shortcoming had been prejudicial in light of his admission that he had sex with his wife on the same air mattress where some of the rapes occurred. Meanwhile, the sentence did not constitute an abuse of discretion. Affirmed.
Court: 2nd Circuit, Judge: Menashi, Filed On: April 30, 2024, Case #: 22-1775, Categories: Evidence, ineffective Assistance, Probation
J. Ransom finds that the lower court properly convicted defendant of assault and armed criminal action after failing to appoint counsel at her initial appearance and excluding certain evidence of the victim's violence behavior during trial. Defendant was not entitled to counsel at an initial appearance, and the court reasonably allowed only two of six accounts of the victim's alleged violent character to support defendant's claim that the victim started the fight. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100303, Categories: Evidence, ineffective Assistance, Assault
J. Wood finds that the lower court properly dismissed defendant's habeas petition challenging his conviction for murdering his wife. Defendant argues that his counsel was ineffective for failing to discover evidence that cast doubt on an expert witness's testimony against him. However, a state court already found defendant waived this claim by failing to raise it on direct appeal, and the state-court waiver means that he procedurally defaulted the claim for federal-court purposes as well. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 29, 2024, Case #: 23-2125, Categories: Habeas, ineffective Assistance, Experts
J. Cadish finds the district court properly granted defendant's petition for postconviction relief. Convicted for robbery and weapons charges as well as two counts of murder, defendant's counsel failed to present testimony to impeach his codefendants' testimony. Evidence showed defendant's attorneys received a letter from an inmate saying a codefendant admitted defendant did not kill the victims and the codefendant lied in order to receive a lenient sentence. Another statement from another codefendant characterizing defendant as a violent person was not described in the state's notice of intent to seek the death penalty or its notices of evidence in aggravation. Based on the omissions, counsel should have challenged the introduction of the evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: April 26, 2024, Case #: 83685, Categories: Habeas, ineffective Assistance, Murder
J. St. Eve finds that the lower court properly denied defendant's motion for post-conviction relief alleging ineffective assistance of counsel based on the fact that his second hired attorney also presided over his preliminary hearing in this same case. Defendant presents no specific evidence that his counsel's performance was in any way deficient despite this conflict of interest that went unremarked. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 22-3086, Categories: Drug Offender, ineffective Assistance
J. Dillard finds that the trial court properly convicted defendant of child molestation, aggravated sexual battery, rape, incest, sexual exploitation of children, influencing a witness and other related offenses. The trial court correctly denied defendant's motion for a new trial. Defendant's trial counsel was not deficient for failing to object when defendant's handwritten notes to the victim were allowed to go out with the jury during deliberations. The notes were original documentary evidence, therefore any continuing witness objection put forth by defendant's counsel would have been overruled. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0533, Categories: ineffective Assistance, Sex Offender, Child Victims
J. Dillard finds that the trial court properly convicted defendant of child molestation and sexual battery as a lesser-included offense of aggravated sexual battery. Sufficient evidence was presented to support defendant's convictions, including the victim's testimony. The trial court did not commit any error by refusing to find that defendant's convictions were mutually exclusive or by denying defendant's ineffective assistance claim. Defendant cannot show that his counsel's strategic decision not to attack the victim's credibility was unreasonable. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: April 26, 2024, Case #: A24A0157, Categories: ineffective Assistance, Sex Offender