16 results for 'cat:"Ineffective Assistance" AND cat:"Murder" AND cat:"Sentencing"'.
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
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J. Peterson finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. Any error the trial court committed by denying defendant's motion to suppress evidence seized from his phone was harmless in light of the strong evidence of defendant's guilt. The trial court correctly admitted testimony by a detective stating that defendant refused to submit to gunshot residue testing. The trial court also correctly resentenced defendant to life without parole under a recidivist statute. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: January 17, 2024, Case #: S23A1159, Categories: ineffective Assistance, murder, sentencing
J. Kamins finds that the post-conviction court properly denied relief to defendant, who was convicted of murder. “There is not a reasonable probability that, but for counsel’s failure to assign error to the denial of the motion on direct appeal, the result of the appeal would have been different.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: January 4, 2024, Case #: A176849, Categories: ineffective Assistance, murder, sentencing
J. Kamins finds the post-conviction court properly denied relief for defendant, convicted of murder, who claimed his trial counsel rendered ineffective assistance of counsel. “Even if another lawyer may have relied on a different strategy, that does not mean that counsel performed unreasonably.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: December 20, 2023, Case #: A177921, Categories: ineffective Assistance, murder, sentencing
J. Wiley finds that evidence of a distinct tattoo on the shooter's neck, a license plate and phone records provided ample probable cause for defendant's arrest for first degree murder. Counsel was professional and deliberate in her presentation of an underconfidence defense based on the hesitancy of a witness identification. A 75-year to life sentence was supported by his extensive criminal record and his cold-blooded, unhesitating and remorseless execution of a rival taco stand vendor. Affirmed.
Court: California Courts Of Appeal, Judge: Wiley, Filed On: December 18, 2023, Case #: B319020, Categories: ineffective Assistance, murder, sentencing
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. 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. Gould finds that the district court improperly denied defendant's habeas corpus petition challenging his conviction and 10-to-25-year sentence for second-degree murder. Defendant showed that his attorney's decision to waive closing argument was not based on strategy and that he was prejudiced by his counsel’s waiver. Reversed.
Court: 9th Circuit, Judge: Gould, Filed On: May 24, 2023, Case #: 22-15557, Categories: ineffective Assistance, murder, sentencing