531 results for 'cat:"Ineffective Assistance"'.
J. Hellman finds the trial court properly denied defendant post-conviction relief. “Petitioner did not prove that counsel failed to exercise reasonable professional skill and judgment when counsel did not consult with and introduce testimony from a medical expert for any of the purposes that petitioner identified.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: April 17, 2024, Case #: A177101, Categories: ineffective Assistance, Sentencing
J. Kyzar finds that defendant was properly convicted for DWI, fifth offense. Defendant claims that his counsel failed when they did not seek to suppress and object to the use his medical records as evidence, as those include the results of his blood alcohol tests, but there was no reason why the trial court would allow counsel to suppress or successfully object to the admission of this evidence that the trooper obtained with a warrant.
Court: Louisiana Court Of Appeal, Judge: Kyzar, Filed On: April 17, 2024, Case #: KA-23-742, Categories: Evidence, ineffective Assistance, Dui
J. Colvin finds that the trial court properly convicted defendant of murder and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's convictions, including evidence that three eyewitnesses identified defendant as one of the inmates who stabbed the victim. Defendant's counsel failed to object to statements made by the prosecutor in closing arguments telling the jury that it needed to assess the guilt of defendant's co-indictees and saying there is no evidence exonerating defendant. Defendant's claims based on the alleged error are therefore not preserved for appellate review. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Colvin, Filed On: April 16, 2024, Case #: S24A0117, Categories: ineffective Assistance, Murder
J. Holloway finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated statutory rape for engaging in sexual relations with a then 16-year-old girl, and was sentenced to 12 years incarceration. Defendant’s enhanced sentence as a Range III career offender is reasonable as the lower court took into account his seven prior felony convictions. Defendant’s argument of violation of due process is waived, as it was not brought up on lower court proceedings, and his claim of ineffective assistance of counsel fails, as the instant court finds no deficiency in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Holloway, Filed On: April 15, 2024, Case #: M2023-00320-CCA-R3-PC, Categories: ineffective Assistance, Sex Offender, Due Process
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J. Scudder finds that the lower court properly denied defendant's ineffective assistance of counsel claim in connection with his unsuccessful motion to suppress evidence of possession of child pornography. It was reasonable for defendant's attorney not to pursue a claim that the agent signing the search warrant acted in bad faith by omitting the state court's suppression ruling from his federal search warrant affidavit because it would have faced a high bar to prove materiality to the charges. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 12, 2024, Case #: 22-1179, Categories: ineffective Assistance, Search, Child Pornography
J. Horton finds that the lower court improperly granted a petition for post-conviction relief based on defendant's allegation of ineffective assistance of counsel. The post-conviction court vacated the petitioner's manslaughter conviction and ordered a new trial, concluding that his attorneys failed to present an adequate self-defense argument. However, the trial court found that his belief that "his use of deadly force was necessary" was objectively unreasonable, which is a finding that "would have negated a self-defense argument" as a matter of law. Accordingly, the matter is remanded to the post-conviction court for the petition to be denied. Vacated.
Court: Maine Supreme Court, Judge: Horton, Filed On: April 11, 2024, Case #: 2024ME25, Categories: ineffective Assistance, Self Defense, Manslaughter
J. Ellender finds that defendant was properly sentenced to eight years on his conviction for possession of a firearm by a convicted felon. In this case, the sentence was not excessive based on his extensive criminal history, which included multiple felony charges and convictions. Further, defendant does not show that he was given ineffective assistance since he did not establish that if his counsel had filed a motion to reconsider, his sentence would be different. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: April 10, 2024, Case #: 55,580-KA, Categories: ineffective Assistance, Sentencing
J. Windhorst finds that the trial court properly denied defendant's application for post-conviction relief alleging ineffective assistance for not raising the issue of defendant's competency. In this case, defendant did not present any medical records or the victim’s affidavit to show mental incapacity either before or during trial. Further, defendant does not show that his counsel denied him the right to testify. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Windhorst , Filed On: April 10, 2024, Case #: 24-KH-11, Categories: ineffective Assistance
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. Lagesen finds the court properly denied a petition for post-conviction relief from convictions resulting from no contest pleas. “The post-conviction court found petitioner not credible in her assertion that she would have rejected the plea deal had counsel provided different advice.” Affirmed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: April 10, 2024, Case #: A179628, Categories: ineffective Assistance, Sentencing
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
Per curiam, the appeals court finds the trial court partially erred in denying defendant's motion for postconviction relief based on ineffective assistance of counsel at his trial which ended in him being convicted of attempted first-degree murder and other charges. The trial court did not attach enough findings to totally refute defendant's claim it denied regarding unimpeached video testimony from the victim, so the case is remanded for the trial court to either hold an evidentiary hearing or attach the needed records. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: April 9, 2024, Case #: 22-1055, Categories: Evidence, ineffective Assistance, Murder
J. Peterson finds the lower court improperly convicted defendant of possession of methamphetamine and sentenced him to two years and six months’ imprisonment. The instant court found the trial court failed to provide the necessary 401(a) admonishments to defendant when he indicated he wished to proceed pro se, as a result, he appeared pro se at critical stages of trial without a valid waiver of counsel. The matter is remanded for new trial. Vacated.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 8, 2024, Case #: 220407, Categories: Drug Offender, Fair Trial, ineffective Assistance
J. Tenney finds that counsel was not ineffective for deciding not to object to prior acts evidence in defendant's aggravated assault trial. The state made narrow use of probative evidence about similar instances where defendant was aggressive when he suspected his wife was unfaithful. And he failed to show he was prejudiced by counsel's decision not to object to other evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 4, 2024, Case #: 20210774-CA, Categories: ineffective Assistance, Assault
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant claimed that his counsel was ineffective and in turn, his plea was not voluntary or intelligently made because counsel failed to explain the offense he was pleading guilty to could be used to enhance future criminal penalties. Defendant failed to establish his attorney’s conduct fell below an objective standard of reasonableness. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: April 4, 2024, Case #: 2024ND67, Categories: Habeas, ineffective Assistance
J. Bell finds the trial court improperly denied defendant's postconviction petition for a writ of habeas corpus. Defendant was convicted for multiple counts of sexual assault upon one person. His appellate counsel's omission of a sufficiency challenge fell below an objective standard in that he evoked precedent providing a change in sexual position is insufficient to show the acts constitute more than one offense without challenging the convictions for the same offense. Because the sufficiency challenge stood a reasonable probability of success, defendant was prejudiced by counsel's omission. Reversed in part.
Court: Nevada Supreme Court, Judge: Bell , Filed On: April 4, 2024, Case #: 85887, Categories: Evidence, ineffective Assistance, Sex Offender
J. Edwards upholds defendant's jury conviction for violation of a protective order and guilty plea to burglary for the kidnapping and rape of his girlfriend. Defense counsel was not ineffective for failing to object to a psychologist's testimony pertaining to coercive control relationships, especially in light of the government's overwhelming evidence against defendant. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: March 29, 2024, Case #: 22-3058 , Categories: ineffective Assistance, Kidnapping, Restraining Order
J. Gallagher finds defendant fails to show he received ineffective assistance during his firearm possession case. The lack of binding precedent at the time of defendant's conviction as to whether the Second Amendment allows convicted felons to possess firearms renders his conviction for possession of a firearm constitutional, while the Supreme Court's decision in Bruen only altered the analysis framework for future Second Amendment cases. Therefore, defendant's attorney was not required to raise the argument before the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 28, 2024, Case #: 2024-Ohio-1163, Categories: Constitution, Firearms, ineffective Assistance