12 results for 'cat:"Burglary" AND cat:"Ineffective Assistance"'.
[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
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. Abramson finds the trial court properly denied defendant's petition for postconviction relief from her convictions for aggravated residential burglary and first-degree battery. Testimony shows defendant poured liquid cleaning chemicals on the homeowner and his child as they slept. Though the victim had a casual intimate relationship with defendant and she claims her actions were in self-defense, the victim says she had entered the home without his knowledge. A recording depicting the victims' suffering from chemical burns may have incited the jury, though defense counsel says that it “didn’t occur to” him at trial. Trial strategy is a matter of professional judgment and not grounds for an ineffective assistance finding. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Abramson , Filed On: December 6, 2023, Case #: CR-22-558, Categories: burglary, ineffective Assistance, Battery
J. Moore finds the district court properly denied defendant's motion for postconviction relief. Defendant, privy to the fact that the Burger King where his sister worked was having a problem with its security system, burglarized the restaurant and was identified by his sister's recognition of his bushy eyebrows on security video. Furthermore, defendant's ineffective assistance claim fails, as his wife's claim that he was in Colorado during the burglary could have resulted in perjury charges and the decision not to call her was a reasonable strategy. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: November 21, 2023, Case #: A-22-965, Categories: burglary, Evidence, ineffective Assistance
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J. Miller finds that the trial court properly convicted defendant of burglary and correctly denied his motion for a new trial. Sufficient evidence was presented to support defendant's conviction. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: October 12, 2023, Case #: A23A1029, Categories: burglary, ineffective Assistance
J. Schuster finds surveillance footage showing defendant enter the house of the victim, as well as testimony from a witness that he was the individual who shot the victim after he was robbed of marijuana, was sufficient to convict defendant of burglary, robbery and murder. Meanwhile, the decision by defendant's attorney to stipulate to the unavailability of an accomplice as a witness did not constitute ineffective assistance of counsel because the accomplice had been advised by his own counsel to invoke his Fifth Amendment rights and, therefore, he would not have provided any relevant or exculpatory testimony. Affirmed.
Court: Ohio Court Of Appeals, Judge: Schuster, Filed On: September 28, 2023, Case #: 2023-Ohio-3490, Categories: burglary, ineffective Assistance, Murder
J. Fuller finds that the trial court properly convicted defendant of aggravated sodomy, attempted rape, sexual battery, burglary and aggravated assault by strangulation. Defendant's trial counsel was not deficient for failing to object to the prosecutor's comments in closing argument urging the jury to find that the victim was credible. Defendant was also not prejudiced by his trial counsel's performance in light of the overwhelming evidence of his guilt. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: September 26, 2023, Case #: A23A1113, Categories: burglary, ineffective Assistance, Sex Offender
J. Smith finds that although the trial court erroneously admitted unauthenticated phone records into evidence at defendant's burglary trial, the error was harmless. Testimony from several of defendant's accomplices about his involvement in the burglaries and conversations about the crimes was sufficient to convict defendant even without the phone records. Furthermore, the failure by defendant's attorney to file a motion to dismiss did not constitute ineffective assistance. Although six years passed between the commission of the crimes and defendant's trial, he fails to provide specific examples of exculpatory evidence lost as a result of the delay. Affirmed.
Court: Ohio Court Of Appeals, Judge: Smith, Filed On: September 14, 2023, Case #: 2023-Ohio-3280, Categories: burglary, Confrontation, ineffective Assistance
J. Seeley finds the lower court properly dismissed an inmate's habeas petition on ineffective assistance of counsel claims. While defense counsel should have objected to the admission of evidence about his co-conspirators' sexual assault of the victim of their robbery, a crime with which the inmate was never charged, the jury's decision to acquit him on some charges and the overwhelming evidence of his guilt on others prevented him from proving prejudice. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: September 8, 2023, Case #: AC45321, Categories: burglary, Habeas, ineffective Assistance
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of aggravated robbery and aggravated burglary for taking electronics and other items from the victim’s apartment at gunpoint. Defendant was sentenced to 15 years for the aggravated robbery and 8 years for the aggravated burglary to run concurrently. Defendant’s claim of ineffective assistance of trial counsel is not substantiated, as he failed to show that trial counsel was defective in his representation. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: June 27, 2023, Case #: M2022-00727-CCA-R3-PC, Categories: burglary, ineffective Assistance, Robbery