532 results for 'cat:"Ineffective Assistance"'.
Per curiam, the circuit finds that the district court improperly denied ineffective assistance claims contending a federal public defender ignored instructions to file an appeal to correct resentencing documents because doing so without fact-finding constituted an abuse of discretion since defendant was adamant that he requested the appeal, even if when and how he made the request remained unclear.
Court: 2nd Circuit, Judge: Per curiam, Filed On: February 21, 2024, Case #: 22-2026, Categories: ineffective Assistance
[Consolidated.] J. Ellington finds that the trial court properly convicted defendants of murder and other offenses. The trial court correctly admitted evidence related to an eyewitness's identification of defendant in a photo lineup because the lineup was not impermissibly suggestive. Defendant failed to show that his trial counsel's performance was deficient or that his counsel was ineffective for failing to object to the admission of evidence that defendant and his co-defendant were in an intimate same-sex relationship. Although the trial court gave an incorrect instruction to the jury on the proper use of admitted evidence of other acts, the instruction did not affect the trial outcome in light of the strong evidence of defendants' guilt. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: February 20, 2024, Case #: S23A0942, Categories: 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. Sufficient evidence was presented to support defendant's convictions and to allow the jury to reject defendant's claims that she acted in self-defense and that the shooting was an accident. Defendant failed to show that her trial counsel performed deficiently. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: February 20, 2024, Case #: S23A1165, Categories: ineffective Assistance, Murder
J. Boggs finds that the trial court improperly convicted defendant of murder predicated on possession of a firearm by a convicted felon. Defendant's trial counsel did not understand the law governing a convicted felon's right to use a gun in self-defense and was deficient for failing to request a jury instruction on self-defense and failing to argue that self-defense applied to felony murder based on felon-in-possession. No reasonable attorney would have agreed with the trial court's response to a note from the injury indicating confusion about the application of self-defense to felony murder and felon-in-possession. However, defendant may be retried because the evidence against him was sufficient to authorize the conviction. Reversed in part.
Court: Georgia Supreme Court, Judge: Boggs, Filed On: February 20, 2024, Case #: S23A1042, Categories: ineffective Assistance, Murder
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J. Dysart vacates the trial court's judgment determining that defense counsel rendered ineffective assistance of counsel to defendant. In this case, there is no testimony from the defense counsel as to why he did not file a motion to withdraw the plea. Without the testimony, this court cannot make a finding as to whether the decision to not file the motion was based on trial strategy or counsel deficiency. Vacated.
Court: Louisiana Court Of Appeal, Judge: Dysart, Filed On: February 20, 2024, Case #: 2024-K-0019, Categories: Evidence, ineffective Assistance
J. Miller finds that despite defendant's claim he did not assault the victim to steal her phone, the state was not required to prove his mental state to convict him of robbery. Rather, it was required to prove he threatened or inflicted serious physical harm on the victim and, therefore, his conviction was supported by sufficient evidence because he took the phone immediately after he punched and dragged the victim. Meanwhile, the failure by defendant's attorney to object to potential hearsay testimony from a detective about inconsistencies in the victim's story did not prejudice defendant or rise to the level of ineffective assistance of counsel. The victim's testimony alone was sufficient to convict defendant of all three offenses. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: February 20, 2024, Case #: 2024-Ohio-629, Categories: Evidence, ineffective Assistance, Robbery
J. Bright finds the lower court erroneously denied the petitioner's request to reopen his habeas case without resolving factual disputes or making credibility determinations. Although the motion was filed after the relevant procedural deadline, the ineffective assistance claims raised by the petitioner are of such critical importance the deadline is irrelevant. The petitioner claimed his attorney lied about efforts to contact him after he was deported to Jamaica, and because the lower court made no determination regarding the facts of the case, this court declines to do so and remands the case for proper analysis. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: February 15, 2024, Case #: AC45984, Categories: Criminal Procedure, Habeas, ineffective Assistance
J. Garry finds that the lower court properly convicted defendant based on his guilty plea to attempted burglary. Defendant failed to preserve claims challenging the voluntariness of his plea and contending he received ineffective assistance, and he failed to seek to withdraw the plea. Affirmed.
Court: New York Appellate Divisions, Judge: Garry, Filed On: February 15, 2024, Case #: 112261, Categories: ineffective Assistance, Plea
J. Luthy finds the trial court properly convicted a man on two counts of possession of a controlled substance with intent to distribute. The man says his attorney’s assistance was ineffective, for example because he did not object to testimony related to how much of the drugs are usually kept for personal use, for example. His arguments are unpersuasive. Affirmed.
Court: Utah Court Of Appeals, Judge: Luthy, Filed On: February 15, 2024, Case #: 20210868-CA, Categories: Drug Offender, Evidence, ineffective Assistance
J. Carnes finds that the district court properly denied defendant's habeas petition for relief from his murder conviction and life sentence. Although the Georgia Supreme Court incorrectly applied a stricter prejudice standard in rejecting defendant's ineffective assistance of counsel claim, defendant failed to show that he was prejudiced by his trial counsel's failure to argue that the use of a PIT maneuver by police to stop the high-speed car chase was an intervening cause that broke the causal chain between defendant's wrongful conduct and the victim's death. The Georgia Supreme Court decided as a matter of Georgia law that questions about the wisdom of using the PIT maneuver were insufficient for the maneuver to have been an intervening cause of the victim's death under Georgia law. Affirmed.
Court: 11th Circuit, Judge: Carnes, Filed On: February 15, 2024, Case #: 22-10313, Categories: ineffective Assistance, Murder
J. Doyle finds that the trial court properly convicted defendant of trafficking in more than 400 grams of cocaine and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's conviction, including body cam video evidence that defendant gave a response of disappointment and regret rather than surprise when the deputy found the cocaine in the vehicle's trunk. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Doyle, Filed On: February 14, 2024, Case #: A23A1317, Categories: Drug Offender, ineffective Assistance
J. Smith finds that although the majority of the prosecution's case rested on circumstantial evidence, there was more than enough to convict defendant of murder, including his DNA found on a hat near the victim, as well as a witness who testified defendant came to his home the day of the murder with blood on his clothing asking to wash his hands. Meanwhile, the failure by defendant's attorney to object to various witness statements that lent credibility to the prosecution's case did not rise to the level of ineffective assistance and was part of a sound trial strategy to avoid drawing attention to such evidence. Furthermore, his mention of possible drug use by defendant during closing arguments was also acceptable, as that information had already been brought up during trial. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: February 14, 2024, Case #: 2024-Ohio-549, Categories: Evidence, ineffective Assistance, Murder
J. Stevenson finds that the sharing of office space by defendant’s attorney and the attorney of one of his codefendants during their trial on murder charges, absent any other allegations, does not constitute a conflict of interest requiring a new trial. Meanwhile, the imposition of consecutive sentences for firearm specifications was not improper and was mandated by Ohio Supreme Court precedent, given that defendant was convicted of both aggravated murder and aggravated robbery. Affirmed.
Court: Ohio Court Of Appeals, Judge: Stevenson, Filed On: February 14, 2024, Case #: 2024-Ohio-543, Categories: ineffective Assistance, Murder, Sentencing
J. McFadden finds that the trial court properly convicted defendant of offenses including attempted murder, attempted feticide and kidnapping with bodily injury. Sufficient evidence was presented to support defendant's kidnapping conviction. The evidence showed that defendant pulled the victim into his apartment from outside and assaulted her for hours. Defendant cannot show that his trial counsel performed deficiently by failing to request a jury instruction on attempted voluntary manslaughter because the evidence did not support that instruction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 13, 2024, Case #: A23A1768, Categories: ineffective Assistance, Kidnapping
Per curiam, the appellate division finds that the trial court properly convicted defendant of burglary, assault, and resisting arrest. Defendant failed to preserve certain arguments and to establish ineffective assistance claims, since the only defense was to attack witness credibility. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 9, 2024, Case #: KA 19-00949, Categories: Burglary, ineffective Assistance, Resisting Arrest
J. Elgo finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel claims. His attorneys' failure to file a motion to suppress his confession was based on the facts of the case that included a surviving victim and significant physical evidence that made such a motion highly speculative. Additionally, the attorneys conducted appropriate research into the inmate's mental health before they discarded the thought of a plea deal involving mental disease or defect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: February 8, 2024, Case #: AC45737, Categories: Habeas, ineffective Assistance
Per curiam, the North Dakota Supreme Court finds that the district court properly dismissed defendant's application for post-conviction relief before an evidentiary hearing was held. Defendant also alleges ineffective assistance of counsel but the court concluded he failed to present competent and admissible evidence which raised an issue of material facts that his counsel’s representation fell below an objective standard of reasonableness. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: February 8, 2024, Case #: 2024ND17, Categories: ineffective Assistance
J. Gwin finds testimony from codefendants established defendant was aware it was the intention of the three men to kill the victim for his suspected theft of their personal belongings, and that even if he had left the scene of the crime before the victim died, his beating of the victim with both his fists and a brick was sufficient to convict him of murder. Although defendant's attorney failed to cross-examine his accomplices about inconsistencies in their versions of the crime, his conduct did not rise to the level of ineffective assistance because the court gave a comprehensive instruction to the jury that all the accomplice testimony should be viewed with grave suspicion. Affirmed
Court: Ohio Court Of Appeals, Judge: Gwin, Filed On: February 7, 2024, Case #: 2024-Ohio-429, Categories: Evidence, ineffective Assistance, Murder
J. Tabor finds that defendant was properly denied postconviction relief after being convicted of robbery for holding up a Pizza Hut. His former co-workers recognized him and overwhelming evidence of the crime was found in defendant's car; therefore, counsel's recommendation that he waive a jury trial was an appropriate strategy. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: February 7, 2024, Case #: 22-1885, Categories: Evidence, ineffective Assistance, Robbery
J. Greenholtz finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant pleaded guilty to possession of heroin with intent to sell or deliver, with the length and manner of service to be determined by the court. Defendant received an 18-year sentence, and requested placement in a drug court program followed by community corrections, which the trial court considered; but when defendant was taken into custody, he was found to have heroin and opiates on his person and received new charges. Because of the new charges, defendant was no longer eligible for the drug court program and the trial court ordered him to serve his 18-year sentence. Defendant claims trial counsel was ineffective because he did not seek a competency evaluation due to mental illness, did not seek a continuance for his sentencing hearing, and alleges counsel knew he was not on his mental health medications and was using heroin at the time of the sentencing hearing. The post-conviction court found credibility in counsel’s testimony, and the instant court finds no deficiency in defendant’s representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Greenholtz, Filed On: February 6, 2024, Case #: M2023-00048-CCA-R3-PC, Categories: Drug Offender, ineffective Assistance, Sentencing
J. Ellington 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 suffered a constructive denial of his right to counsel based on his trial counsel's alleged failure to subject the state's case to meaningful adversarial testing. Defendant's counsel engaged in discovery, filed pre-trial motions, prepared defense witnesses and cross-examined most of the state's witnesses. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: February 6, 2024, Case #: S23A1024, Categories: ineffective Assistance, Murder
J. Baker finds that counsel was not deficient for deciding not to challenge questions the state asked defendant during his robbery trial. The prosecutor's "were they lying" questions were permissible because the credibility of the witnesses was a principal issue in determining his guilt. And in the context of his line of questioning, the prosecutor was not expressing a personal opinion when he asked, "You could just tell the truth, couldn't you?" Affirmed.
Court: Montana Supreme Court, Judge: Baker, Filed On: February 6, 2024, Case #: DA 22-0429, Categories: ineffective Assistance, Prosecutorial Misconduct, Robbery
J. Pinson finds that the trial court properly convicted defendant of murder. Sufficient evidence was presented to support defendant's conviction, including evidence that defendant threatened to kill the victim in the months before the murders. The trial court correctly admitted testimony about defendant's possession of a gun similar to the murder weapon. 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: Pinson, Filed On: February 6, 2024, Case #: S23A1034, Categories: ineffective Assistance, Murder
[Consolidated.] J. Bethel finds that the trial court properly convicted defendants of murder, aggravated assault with a deadly weapon, battery and possession of a firearm during the commission of a crime. Defendants failed to show that their trial attorneys performed deficiently or that they were prejudiced by their attorneys' alleged deficiencies. Multiple eyewitnesses testified that they saw one defendant shoot the victim at the murder scene. Eyewitnesses testified that they either saw the co-defendant shoot the victim or saw the co-defendant with a gun at the murder scene. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: February 6, 2024, Case #: S23A0854, Categories: ineffective Assistance, Murder