531 results for 'cat:"Ineffective Assistance"'.
J. Maxwell finds the lower court properly convicted defendant of aggravated assault for shooting a man in the back after an altercation at a convenience store, and sentenced him to 15 years incarceration with three years suspended. Defendant claims he received ineffective assistance from trial counsel, but the instant court finds no deficiency in his representation. Affirmed.
Court: Mississippi Supreme Court, Judge: Maxwell, Filed On: June 22, 2023, Case #: 2022-KA-00236-SCT, Categories: ineffective Assistance, Assault
J. Pinson finds that the trial court properly convicted defendant of murder and firearm offenses. Defendant has not shown that his trial counsel was deficient for failing to correct the medical examiner's testimony about the range the fatal gunshot was fired from. Defendant's counsel thoroughly cross-examined the medical examiner about the range-of-fire estimate and elicited testimony from him that the gun could have been fired closer than the estimated two to three feet. Defendant failed to show that the trial outcome was impacted by a passing comment the trial court made characterizing the range-of-fire evidence. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: June 21, 2023, Case #: S23A0228, Categories: Firearms, ineffective Assistance, Murder
J. Warren finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. The trial court correctly denied defendant's motion for a new trial and did not commit any error in allowing witness testimony about voluntary intoxication. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: June 21, 2023, Case #: S23A0214, Categories: Firearms, ineffective Assistance, Murder
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J. Colvin finds that the trial court properly convicted defendant of murder, participation in criminal street gang activity and other related offenses. Sufficient evidence was presented to support defendant's conviction for violating the Georgia Street Gang Terrorism and Prevention Act, including evidence that defendant was associated with the Bloods gang and that he committed the murder to further the gang's interests. The trial court did not commit any error in admitting as an excited utterance a hearsay statement that defendant had shot someone. The person who made the statement could not have said it more than 20 minutes after the shooting and behaved in a way that could show he was in a state of excitement. Defendant failed to show that his trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: June 21, 2023, Case #: S23A0032, Categories: ineffective Assistance, Murder, Gangs
J. Doyle finds that the trial court properly convicted defendant of family violence aggravated assault, aggravated battery and false imprisonment. Sufficient evidence was presented to support defendant's false imprisonment conviction and the trial court did not commit any error in refusing to merge the family violence aggravated assault and aggravated battery convictions. The rule of completeness did not apply to defendant's separate statements over the phone to an unidentified person and his statements to police officers, therefore the officer was allowed to testify that he overheard defendant tell the person on the phone he was about to go to jail. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: June 20, 2023, Case #: A23A0431, Categories: ineffective Assistance, Assault, Battery
J. White finds defendant has failed to prove his counsel violated his Sixth Amendment rights by failing to advocate for him according to his will at his trial over his alleged sexual assault of a seven-year-old girl, which he was convicted of and received a 15-year split sentence. In part because the record shows defendant admitted to his counsel that he touched the girl inadvertently and never explicitly told counsel to argue his absolute innocence, and he also cannot show she conceded his guilt in her closing argument that pointed out inconsistencies in his testimony, the circuit court correctly found no Sixth Amendment violations and denied defendant's motion for a new trial. Affirmed.
Court: Wisconsin Court of Appeals, Judge: White, Filed On: June 20, 2023, Case #: 2021AP001705-CR, Categories: Constitution, ineffective Assistance, Sex Offender
J. Neville finds that the lower court properly found that defendant did not receive effective assistance of retained postconviction counsel at a hearing on the state's motion to dismiss his postconviction petition. Retained counsel's presumption of reasonable assistance was rebutted when counsel failed to withdraw and to make amendments to defendant's pro se petition for an adequate presentation of his claims. Affirmed in part.
Court: Illinois Supreme Court, Judge: Neville, Filed On: June 15, 2023, Case #: 127789, Categories: Criminal Procedure, ineffective Assistance
J. Ceresia finds that the lower court properly upheld defendant's conviction for weapon possession. Defendant contends his defense had been impaired by an undisclosed business relationship between his trial attorney and the prosecutor, but the conflict was more perceived than actual and had no bearing on how the case was defended. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: June 15, 2023, Case #: 111293, Categories: ineffective Assistance, Weapons
J. Neeley finds the trial court properly convicted defendant for attempted sexual assault. The victim testified that she was sitting on a public bench when defendant pinned her against a fence and attempted to pull both their underwear down before he was hit with a golf club by another witness. The court properly admitted the victim’s police body cam statements, expert testimony as to her credibility and defendant’s own statements. Defendant was not denied the opportunity to confront and cross-examine the victim and fails to show that his counsel’s performance was deficient. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: June 14, 2023, Case #: 12-22-00090-CR, Categories: Evidence, ineffective Assistance, Sex Offender
J. Robb finds that defendant was was properly denied ineffective assistance relief and properly convicted of sexual misconduct based on his guilty plea because evidence indicates defendant understood that the court would have discretion to set his sentence and generally understood the plea, and defendant failed to indicate counsel had underperformed. Affirmed.
Court: Indiana Court Of Appeals, Judge: Robb, Filed On: June 14, 2023, Case #: 22A-PC-1496, Categories: ineffective Assistance, Sex Offender, Plea
Per curiam, the court of appeals finds that the appellate division improperly dismissed ineffective assistance claims brought after defendant was forced to wear a stun belt at his murder trial. The decision, which had been made by "non-judicial personnel" and without the knowledge of the prosecution or the court, did not constitute procedural error but raised questions as to whether counsel had an explanation for declining to object or whether defendant had consented to wearing the belt. Reversed.
Court: New York Court Of Appeals, Judge: Per curiam, Filed On: June 13, 2023, Case #: 73 SSM 5, Categories: Fair Trial, ineffective Assistance
J. Papik finds the Nebraska Court of Appeals improperly determined that defendant, who pled guilty to two counts of firearm possession by a prohibited person, was entitled to relief for ineffective assistance of counsel on the grounds that his counsel did not consult with him as to whether or not he wanted to appeal. Defendant did not allege in his postconviction motion that counsel failed to consult, but that appeal was requested and not filed. The Court of Appeals erred by finding that defendant was entitled to relief on the failure to consult theory. Reversed and remanded with directions.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: June 9, 2023, Case #: S-21-812, Categories: Firearms, ineffective Assistance, Plea
J. Glickman reverses, in part, defendant's convictions related to the fatal shooting of defendant's friend. Defense counsel, who lied to the court about his qualifications to represent defendant against the charges and has since been disbarred, provided ineffective assistance in many ways, including by eliciting testimony from a witness that defendant was a drug dealer and failing to object to an erroneous jury instruction. Reversed in part.
Court: DC Court of Appeals, Judge: Glickman, Filed On: June 8, 2023, Case #: 19-CO-1171 , Categories: ineffective Assistance, Assault
J. Mayle finds that although defendant and two other witnesses testified he did not have any contact with his ex-wife or violate a protective order when he attended a grandchild's birthday party, his conviction was not against the weight of the evidence. The victim and her mother each testified about interactions at the party that went against the terms of the protective order, and it was up to the jury to determine the credibility of all the witnesses. Meanwhile, the failure by defendant's attorney to object to the admission of a previous menacing conviction did not constitute ineffective assistance of counsel because he was acquitted of the current menacing charge, while there was other substantial evidence to support the charges of which he was found guilty. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mayle, Filed On: June 8, 2023, Case #: 2023-Ohio-1908, Categories: ineffective Assistance, Jury, Menacing
J. Crothers finds that the district court properly denied an individual's application for post-conviction relief after the individual pleaded guilty to the charge of attempted murder and was sentenced to 15 years. The individual argues he is entitled to post-conviction relief because new evidence was discovered after he pleaded guilty and that he received ineffective assistance of counsel. Defendant did not meet the burden to show he received ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: Crothers, Filed On: June 8, 2023, Case #: 2023ND109, Categories: Evidence, ineffective Assistance, Murder
J. McEvers finds that the district court properly denied a petition for post-conviction relief after the individual pleaded guilty to multiple charges including child abuse and tampering with physical evidence and ten counts of possession of child sexual abuse materials. The individual's sentence was not illegal and he did not receive ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND111, Categories: ineffective Assistance, Sentencing, Sex Offender
J. Neubauer finds that in at least two instances the trial court should have found defendant's lawyer performed deficiently at his client's trial over claims from a teenage girl that defendant repeatedly sexually assaulted her over the course of four years while he was dating her mother. In addition to two other instances in which the state concedes defendant's lawyer's performance was deficient in not objecting to references to the victim's virginity and her mother testifying that the victim's brother said he heard "monkey noises" in the house in reference to the alleged assaults, he was deficient in failing to object to testimony from a counselor and an investigator about the rarity of false sexual assault accusations, but given the weight of the other evidence none of these errors unduly prejudiced defendant. Therefore, defendant's lawyer did not ultimately provide ineffective assistance, and the circuit court properly denied his motion for post-conviction relief. Affirmed.
Court: Wisconsin Court of Appeals, Judge: Neubauer, Filed On: June 7, 2023, Case #: 2022AP000382-CR, Categories: ineffective Assistance, Sex Offender
J. Lorello finds that the trial court properly dismissed defendant's post-conviction claim that trial counsel should have tried to suppress the heroin police found in her purse during a traffic stop. Defendant consented to a precautionary search of the purse for weapons before she could retrieve a cigarette lighter. Police were not required to articulate a suspicion that the purse contained a weapon and would not have searched it if she had waited until after the stop to smoke. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 6, 2023, Case #: 49608, Categories: Drug Offender, ineffective Assistance, Search
J. Sparks finds the lower court properly sentenced defendant in this matter where defendant stabbed three people, killing two of them and permanently injuring another after a confrontation. Defendant was convicted on two specifications of premeditated murder and one specification of attempted premeditated murder and sentenced by the trial court to death. On appeal, the United States Air Force Court of Criminal Appeals upheld his convictions, but found evidence of ineffective assistance of trial counsel for failing to investigate some mitigating evidence. Though it found no prejudice, defendant’s sentence was reevaluated and changed to life without the possibility of parole, a reduction in grade, reprimand and dishonorable discharge. The instant court finds no error in the lower court’s findings. Affirmed.
Court: Court of Appeals for the Armed Forces, Judge: Sparks, Filed On: June 5, 2023, Case #: 22-0090, Categories: ineffective Assistance, Murder, Sentencing
J. Baggett finds that the trial court properly convicted defendant of trafficking persons for sexual servitude, criminal attempt to commit child molestation and a firearm offense. The trial court correctly denied defendant's motion for a new trial and found that defendant's trial counsel was not deficient for failing to file a motion to suppress evidence obtained as a result of a traffic stop. Officers had reasonable suspicion that defendant's vehicle was being driven by the person who had exchanged text messages with an undercover officer to pay for sex with an underage girl. Defendant failed to show that the trial court's jury instructions on the sex trafficking or child molestation offenses affected the trial outcome or confused the jury. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: June 5, 2023, Case #: A23A0263, Categories: ineffective Assistance, Sex Offender, Jury Instructions
J. Hixson finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to second degree murder and received a 45-year sentence to be served in its entirety. Though defendant argues trial counsel's failure to file a motion to suppress his confession to the county sheriff was a deficiency in his representation, the lower court found it was not, and that trial counsel did not file based on his analysis that defedant's confession was properly handled by police. The instant court finds no error in the lower court’s decision, and defendant’s claim of ineffective assistance of trial counsel is without merit as he was properly represented. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: June 5, 2023, Case #: W2022-00642-CCA-R3-PC, Categories: Evidence, ineffective Assistance, Murder
J. Johnson affirms the trial court’s convictions of the defendant for stealing an unattended car at a gas station then leading police on a high-speed chase until his arrest, after he crashed the vehicle into a building. The case is returned to the trial court to eliminate improperly added convictions. The defendant’s corrected convictions are for one count of aggravated auto theft and one count of unlawful flight to a peace officer, with concurrent sentences of four years and two years respectively. Affirmed.
Court: Illinois Appellate Court, Judge: Johnson, Filed On: June 2, 2023, Case #: 220231, Categories: ineffective Assistance, Sentencing, Vehicle
J. Fisher finds that the lower court properly convicted defendant based on his guilty plea to attempted drug possession. Defendant failed to preserve ineffective assistance claims, and his statements had not triggered the narrow exception by being inconsistent with, or calling into question the voluntariness of, his plea. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: June 1, 2023, Case #: 112995B, Categories: Drug Offender, ineffective Assistance, Plea
J. Ryan finds defendant's attorney did not provide ineffective assistance when he failed to object to the trial court's joinder of both defendant's indictments. All of the criminal charges were part of a single course of criminal conduct that occurred over a period of several days, while the evidence for each charge was distinct and unlikely to confuse the jury. Meanwhile, the trial court was not required to make factual findings before it imposed consecutive sentences because the life without parole sentence for defendant's murder conviction made the rest of the sentences purely academic, according to previous rulings from this court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Ryan, Filed On: June 1, 2023, Case #: 2023-Ohio-1817, Categories: ineffective Assistance, Murder, Sentencing
J. Lowy upholds defendant's first-degree murder conviction and refuses to reduce the verdict. The theory of deliberate premeditation is supported by evidence, and defendant fails to show he received ineffective assistance of counsel or that a certain portion of the prosecutor's closing argument was improper. Affirmed.
Court: Massachusetts Supreme Court, Judge: Lowy, Filed On: June 1, 2023, Case #: SJC-12023 , Categories: Evidence, ineffective Assistance, Murder