71 results for 'cat:"Ineffective Assistance" AND cat:"Sentencing"'.
Per curiam, the Vermont Supreme Court finds that the post-conviction court properly dismissed defendant’s previous claims of ineffective assistance on grounds that the victim was not cross-examined regarding the number of stab wounds to her abdomen. The plea agreement did not restrict the state from presenting additional facts. Affirmed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: May 10, 2024, Case #: 23-AP-238, Categories: Evidence, ineffective Assistance, sentencing
J. Beck finds that the lower court improperly denied defendant’s first petition filed pursuant to the Post Conviction Relief Act alleging his trial counsel was ineffective for failing to call character witnesses in his support in a domestic violence suit over his beating of his pregnant wife. The counsel’s failure to call character witnesses undermined defendant’s ability to instill reasonable doubt in the jury’s minds. Reversed.
Court: Pennsylvania Superior Court, Judge: Beck, Filed On: May 8, 2024, Case #: J-S03044-24, Categories: ineffective Assistance, Jury, sentencing
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: ineffective Assistance, sentencing, Sex Offender
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J. Henderson upholds defendant's 120-month sentence for his conviction for conspiracy to distribute more than 280 grams of crack cocaine. Contrary to defendant's claim, the safety valve provision does not support his contention defense counsel should have argued he was eligible for sentencing without considering the statutory minimum. Affirmed.
Court: DC Circuit, Judge: Henderson, Filed On: April 19, 2024, Case #: 20-3083 , Categories: Drug Offender, ineffective Assistance, sentencing
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. 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. 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. Mortensen finds that the lower court properly convicted defendant of two counts of aggravated sexual abuse of his two minor daughters following his guilty plea. As part of the plea agreement, a sentence of two concurrent terms of six years to life was to be recommended, but at the sentencing hearing, the victims testified that they felt the sentence to be too lenient. The lower court sentenced defendant to 15 years to life for each count, to run concurrently. Defendant argues the prosecutor breached the plea agreement and the court should not have considered the victims’ view on the sentence. Defendant also asserts he received ineffective assistance by trial counsel for failing to object to the prosecutor’s statements at sentencing. However, there was no breach of the plea agreement and no deficiency in defendant’s legal representation. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20221055-CA, Categories: ineffective Assistance, sentencing, Sex Offender
J. Lavin finds that the lower court improperly denied defendant's postconviction petition alleging ineffective assistance of counsel. Defendant pleaded guilty in adult criminal court to murder of a police officer via accountability, a crime she committed at age 15 at the behest of her 20-year-old boyfriend. Counsel orally asserted a proportionate penalties violation, but failed to amend defendant's petition to actually include this petition in her filing. Further, the state does not dispute that if defendant lost a single day of good time credit, her sentence would become a de facto life sentence. Reversed.
Court: Illinois Appellate Court, Judge: Lavin, Filed On: March 25, 2024, Case #: 220807, Categories: ineffective Assistance, sentencing
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. 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
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. 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. 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. Horton finds that the lower court properly denied defendant's petition for post-conviction review, in which he alleged ineffective assistance of counsel after pleading guilty to certain drug trafficking charges under a plea agreement and receiving "concurrent sentences of twelve years straight." He contends that his counsel failed to adequately advise him of the "risk associated with the twelve-year cap option." However, counsel properly evaluated the risks, and his advice was not unreasonable. Affirmed.
Court: Maine Supreme Court, Judge: Horton, Filed On: January 25, 2024, Case #: 2024ME7, Categories: Drug Offender, ineffective Assistance, sentencing
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