536 results for 'cat:"Ineffective Assistance"'.
J. Dillard finds that the trial court properly convicted defendant of rape, kidnapping, aggravated sodomy and aggravated assault. Defendant waived his ability to challenge the trial court's handling of an incident in which a prospective juror told other jurors, some of whom ended up on the jury, that "he did it." The juror was removed. The decision by defendant's trial counsel not to further question jurors about the incident was strategic and defendant failed to show he was prejudiced by the decision. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: March 14, 2024, Case #: A24A0358, Categories: ineffective Assistance, Jury, Sex Offender
J. Orme finds that it was reasonable for counsel not to object to alleged prosecutorial misconduct during cross-examination of defendant during his trial on rape charges, as objections would have allowed the state to highlight contradictions in defendant's testimony. However, counsel should have requested unanimity jury instructions on two forcible sexual abuse charges, and the state did not sufficiently clarify which acts applied to which charges, so defendant is entitled to a new trial on those two charges. Reversed in part.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 14, 2024, Case #: 20220163-CA, Categories: ineffective Assistance, Sex Offender
J. Chase finds that defendant was not given ineffective assistance of counsel by waiving his right to a properly constituted jury venire. In this case, the defense counsel informed defendant of the decision to not object to the jury venire as a tactical choice based on an outstanding "motion for speedy trial." However, defendant's sentences for his conspiracy to commit armed robbery and conspiracy to obstruct justice exceed the statutory maximum. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chase, Filed On: March 14, 2024, Case #: 2023-KA-0497, Categories: ineffective Assistance, Sentencing
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. Christen finds that the district court properly denied a federal habeas corpus petition brought by defendant, who was sentenced to death in 1991 after a California jury convicted him of first-degree murder. Defendant contended that his trial counsel was constitutionally ineffective by failing to investigate, develop and present certain mitigating evidence at the penalty phase of his trial. Affirmed.
Court: 9th Circuit, Judge: Christen, Filed On: March 12, 2024, Case #: 19-99001, Categories: Death Penalty, ineffective Assistance, Civil Rights
J. Gwin finds the lower court properly denied defendant's motion for postconviction relief based on her attorney's failure to hire a mitigation expert. Although the report prepared by the expert witness in subsequent filings was more detailed in its explanation of defendant's mental illnesses, the trial attorney presented much of the same evidence during her sentencing report and the trial court properly considered all mitigating factors. Furthermore, the lack of any biased statements made by the trial judge and his impartial consideration of all sentencing factors precludes defendant from proving her claim of judicial bias, which was properly rejected by the lower court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: March 12, 2024, Case #: 2024-Ohio-906, Categories: ineffective Assistance, Murder, Experts
J. Orme finds that the jury had sufficient evidence to infer that defendant was reckless enough about the victim's lack of consent to support a conviction for aggravated sexual assault. Counsel's decision not to have defendant's girlfriend corroborate his story was not the best practice but it was not objectively unreasonable enough for an ineffective assistance claim. Affirmed.
Court: Utah Court Of Appeals, Judge: Orme, Filed On: March 7, 2024, Case #: 20200720-CA, Categories: Evidence, ineffective Assistance, Sex Offender
J. Stewart finds a criminal defendant does not have to intend to harm or kill a victim to be entitled to a self-defense jury instruction and, therefore, defendant's counsel was ineffective when he failed to request such an instruction during defendant's trial on assault charges. Defendant testified he shot his gun to scare the victim after the two had a heated argument outside a gas station, and because Ohio's self-defense statute requires only an "intent to repel or escape force," he was entitled to self-defense instruction and his conviction must be vacated. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: March 7, 2024, Case #: 2024-Ohio-776, Categories: ineffective Assistance, Assault, Self Defense
J. Hellman finds the post-conviction court properly denied defendant’s petition for relief from several counts of first-degree sex crimes against a minor. To preserve “a claim for replacement of counsel based on counsel’s oppositional statements as opposed to his claim based on counsel’s refusal to raise certain claims, petitioner needed to have objected to counsel’s response on the record.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: March 6, 2024, Case #: A174808, Categories: ineffective Assistance, Sex Offender, Child Victims
J. LaGrua finds that the trial court properly convicted defendant of murder, concealing the death of another and a firearm offense. The trial court correctly admitted evidence of Facebook messages and evidence of the victim's bank records which implied that defendant stole from him. The bank records evidence was intrinsic evidence necessary to explain defendant's financial motive and was not unfairly prejudicial. Defendant cannot show that the evidence of the Facebook messages between defendant and a co-conspirator probably impacted the trial outcome. Defendant failed to show that her trial counsel's performance was deficient or that she was prejudiced by the alleged deficiencies. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: March 5, 2024, Case #: S24A0095, Categories: Evidence, ineffective Assistance, Murder
J. Bethel finds that the trial court properly convicted defendant of murder and correctly denied his motion for a new trial. In light of the strong evidence of his guilt, defendant failed to show that the trial outcome was likely impacted by the admission of police body camera footage showing the wounded victim into evidence. Defendant failed to show that his trial counsel's performance was deficient or that the admission of a witness's videotaped statement to investigators was improper. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: March 5, 2024, Case #: S24A0148, Categories: ineffective Assistance, Murder
J. Boggs finds that the trial court properly convicted defendant of murder, theft by taking and giving false information to a police officer. Sufficient evidence was presented to support defendant's convictions, including evidence that defendant intended to deprive the victim of his car and that defendant either pushed the victim out of the car or that the victim jumped from the car in fear for his life. The trial court correctly denied defendant's motion to suppress evidence of his pre-trial, post-arrest police interview and defendant failed to show that several evidentiary objections were improperly overruled. Defendant has not shown that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: March 5, 2024, Case #: S23A1201, Categories: ineffective Assistance, Murder, Theft
J. Welch finds the trial court properly, by plea bargain, convicted defendant for theft, attempted failure to appear and false reporting. The victim's stolen car was observed and stopped by officers. Though defendant was a passenger, a search revealed the keys to be in defendant's pocket, and the driver told officers that defendant had picked her up in the borrowed car. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Welch , Filed On: March 5, 2024, Case #: A-23-887, Categories: Evidence, ineffective Assistance, Theft
J. Hiramoto finds that the trial court properly denied defendant's ineffective assistance claim that counsel should have requested a mental health diversion prior to his no contest plea to carrying a concealed dirk or dagger. He failed to provide a probable cause statement as required for claims about pretrial mental health diversions. Affirmed.
Court: California Courts Of Appeal, Judge: Hiramoto, Filed On: March 1, 2024, Case #: A165379, Categories: ineffective Assistance, Weapons, Plea
J. Bright finds that while the lower court erroneously refused to consider the merits of the inmate's ineffective assistance claim contained in his petition for a writ of habeas corpus, its decision to deny the writ was nevertheless correct as the prosecution's failure to disclose a complete copy of notes taken by a detective did not prejudice the inmate or alter the outcome of the trial. Although a complete copy of the notes indicated a different number of girls on the premises the day the inmate assaulted the victim when compared to the victim's testimony, the discrepancy was unimportant and, furthermore, the inmate's attorney was able to achieve the desired impeachment result through cross-examination of the detective, regardless of the notes. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: March 1, 2024, Case #: AC45422, Categories: Habeas, ineffective Assistance, Sex Offender
J. Douglas finds the district court properly convicted defendant, by guilty plea, for conspiracy to possess with intent to distribute 50 grams or more of meth. The court also denied defendant habeas relief for his argument that trial and appellate counsel were ineffective for failing to object to the purity of meth attributed to him. That defendant was accountable for a certain amount of the drug by weight makes his evidentiary argument meritless. The court would have adopted the same guideline range and imposed the same sentence even if the drug purity objection had been made. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: March 1, 2024, Case #: 22-51046, Categories: Drug Offender, Evidence, ineffective Assistance
[Consolidated.] J. McShan finds that the lower court properly convicted defendant based on his guilty plea to weapon possession. After going through four attorneys and bringing pro so motions as well, defendant contends counsel was ineffective for failing to challenge the search warrant that led to the discovery of a loaded handgun at his home, but his claims constituted nothing more than disagreement over strategy. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 29, 2024, Case #: 109578, Categories: Firearms, ineffective Assistance, Plea
J. Watkins finds that the trial court properly convicted defendant of child molestation, enticing a child for indecent purposes and incest. Sufficient evidence was presented to support defendant's convictions. Defendant failed to show that he was prejudiced by his trial counsel's failure to move for a mistrial after being informed that an empaneled juror was told by a friend that defendant had a reputation for sexual misconduct. Defendant failed to present testimony from the juror to prove the veracity of the juror's statement and the effect the friend's statement had on the juror's opinion of defendant's guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: February 28, 2024, Case #: A23A1621, Categories: ineffective Assistance, Sex Offender, Child Victims
J. Rovner finds that the lower court properly rejected defendant's habeas petition alleging ineffective assistance of counsel. Defendant has proven that his counsel was ineffective for failing to consult a toxicologist, who would have revealed that the government could not prove that the heroin defendant supplied was the cause of the drug user's death. However, defendant was not prejudiced by this failure because he would have faced a mandatory life term based on his prior felony drug conviction and the fact that two individuals suffered serious bodily injuries when they overdosed on heroin that he supplied. Affirmed.
Court: 7th Circuit, Judge: Rovner, Filed On: February 26, 2024, Case #: 22-2666, Categories: Drug Offender, ineffective Assistance, Sentencing
[Consolidated.] J. Mackey finds that the lower court properly convicted defendant of burglary but should have vacated the verdict on ineffective assistance claims. Burglary counts were supported by evidence provided by codefendant and witnesses to two apartment break-ins, but a hearing should have been held on the vacatur request to determine why defendant had been required to wear a "stun belt" restraint during trial and why counsel failed to object to its use. Affirmed in part.
Court: New York Appellate Divisions, Judge: Mackey, Filed On: February 22, 2024, Case #: 112809, Categories: Burglary, ineffective Assistance
J. DeVore finds the post-conviction court properly denied relief on defendant’s claim for ineffective assistance. “Given that trial counsel challenged the victim’s credibility…and asked the trial judge to employ its common sense and judgment, counsel reasonably could decline to object to the prosecutor’s corresponding comments in rebuttal.” Affirmed.
Court: Oregon Court of Appeals, Judge: Devore, Filed On: February 22, 2024, Case #: A177918, Categories: ineffective Assistance
J. Hellman finds the post-conviction court properly denied relief on defendant’s claim that counsel provided inadequate assistance. “Counsel provided the mental health evaluation to the prosecution and obtained a plea offer that was for 10 months less than the original offer as a result.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: February 22, 2024, Case #: A178452, Categories: ineffective Assistance, Sentencing
J. DeVore finds the post-conviction court properly denied relief on defendant’s claim for ineffective assistance. “Given that trial counsel challenged the victim’s credibility…and asked the trial judge to employ its common sense and judgment, counsel reasonably could decline to object to the prosecutor’s corresponding comments in rebuttal.” Affirmed.
Court: Oregon Court of Appeals, Judge: DeVore, Filed On: February 22, 2024, Case #: A178931, Categories: ineffective Assistance