531 results for 'cat:"Ineffective Assistance"'.
J. Johnson finds the trial court properly convicted defendant for murder. Officers discovered the victim's body, shot in the face with a shotgun, inside the trailer after a 911 report. Defendant, in a confused state of mind, was sitting on the porch and claimed that the victim had broken into his residence, though officers saw that she was wearing socks and slippers with no dirt on them. Though defendant said that he did not know the victim, it was later discovered that he had recently met her on a dating website. Though defendant says the shooting was accidental, sufficient evidence supports the conviction. No ineffective assistance is found; and testimony from defendant's ex-wife and work associate involving threats he had made about shooting them while pointing a gun at them was properly admitted. Affirmed.
Court: Texas Courts of Appeals, Judge: Johnson , Filed On: May 15, 2024, Case #: 09-22-00385-CR, Categories: Evidence, ineffective Assistance, Murder
Per curiam, the appeals court finds the trial court made no error in denying defendant's post-conviction motion alleging ineffective assistance of counsel at his trial on charges including attempted murder. In part because defendant's attorney's "mistaken prediction" about defendant's success at beating the charges against him, among other professional advice, was reasonable given the circumstances, and because defendant himself rejected to plea offers that would have given him a chance at less than a life sentence, his claims fail. Affirmed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 15, 2024, Case #: 22-1140, Categories: ineffective Assistance, Murder
J. Kamins finds the post-conviction court properly denied relief to defendant after he claimed the state did not prove the “dangerous weapon” element of first-degree assault. “So long as a person uses an object in a manner that makes it readily capable of causing serious physical injury, the object qualifies as a dangerous weapon.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A178930, Categories: ineffective Assistance, Assault, Weapons
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. Although defendant was acquitted of the aggravated assault of one victim, his convictions for the murder and aggravated assault of a second victim and the aggravated assault of a third victim did not render the verdicts repugnant. The jury did not make an affirmative finding that defendant did not fire his gun at the victims' car. Defendant's trial counsel did not perform deficiently in failing to move to suppress evidence of defendant's phone records. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: May 14, 2024, Case #: S24A0528, Categories: ineffective Assistance, Murder, Assault
J. McMillian finds that the trial court properly convicted defendant of murder, violation of the Street Gang Terrorism and Prevention Act and possession of a firearm during the commission of a felony. The trial court correctly refused to instruct the jury on impeachment of a witness through bias toward a party. Defendant also failed to show that he was prejudiced by his trial counsel's alleged refusal to allow defendant to testify in his own defense. There was strong evidence of defendant's guilt, including a witness's testimony that defendant told her he shot the victim in the head. Defendant's potential testimony would have been cumulative of other testimony and evidence presented at trial. Affirmed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: May 14, 2024, Case #: S24A0014, Categories: ineffective Assistance, Murder
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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. Warren 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 he was prejudiced by his trial counsel's failure to object to the prosecutor's closing argument statements mischaracterizing the reasonable doubt standard. Evidence was presented to disprove defendant's claim of self-defense and the prosecutor told the jury that the state had the burden to prove each element of the charged offenses beyond a reasonable doubt. The prosecutor's statements were also corrected by the jury instructions. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: May 14, 2024, Case #: S24A0382, Categories: ineffective Assistance, Murder
Per curiam, the appeals court finds the trial court erred by summarily denying defendant's postconviction motion alleging ineffective assistance of counsel at his trial on second-degree murder and other charges, which resulted in him being sentenced to at least 30 years' imprisonment. There is enough evidence in the record such that three of defendant's four claims of ineffective assistance should not have been summarily denied, including those alleging his lawyer did not claim stand-your-ground immunity or conduct an independent investigation of the facts before trial. The matter is remanded so defendant can file an amended motion and the trial court can make a more complete record. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-1877, Categories: ineffective Assistance, Murder
Per curiam, the Vermont Supreme Court finds that the post-conviction court properly dismissed defendant’s previous claims of ineffective assistance on grounds that the victim was not cross-examined regarding the number of stab wounds to her abdomen. The plea agreement did not restrict the state from presenting additional facts. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-238, Categories: Evidence, ineffective Assistance, Sentencing
J. Markle finds that the trial court properly convicted defendant of trafficking more than 400 grams of methamphetamine and possession with intent to distribute methamphetamine. The trial court correctly excluded evidence that defendant's son had prior convictions for methamphetamine possession, sale and distribution. Defendant claimed the evidence explained his state of mind in taking responsibility for the drugs to prevent his son from being arrested and showed the son's ability and intent to possess the drugs. The evidence was inadmissible and its exclusion did not prevent defendant from mounting his defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 9, 2024, Case #: A24A0010, Categories: Drug Offender, Evidence, ineffective Assistance
J. Beck finds that the lower court improperly denied defendant’s first petition filed pursuant to the Post Conviction Relief Act alleging his trial counsel was ineffective for failing to call character witnesses in his support in a domestic violence suit over his beating of his pregnant wife. The counsel’s failure to call character witnesses undermined defendant’s ability to instill reasonable doubt in the jury’s minds. Reversed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 8, 2024, Case #: J-S03044-24, Categories: ineffective Assistance, Jury, Sentencing
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. 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
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