8 results for 'cat:"Competence" AND cat:"Ineffective Assistance"'.
J. Oliver finds that defendant's behavior was not required to hold a sua sponte hearing to evaluate defendant's competence to stand trial for sexual abuse of a child. His remarks about his medical conditions did not require a hearing, and counsel assured the trial court that he comprehended events and could aid in his defense. Also, counsel was not deficient for seeking testimony about the victim's truthfulness since defendant admitted to the abuse in recorded interviews. Affirmed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: May 2, 2024, Case #: 20220407-CA, Categories: competence, ineffective Assistance, Sex Offender
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief after defendant alleged ineffective assistance of counsel. Defendant claimed his counsel did not request a psychological evaluation to determine his competency to assist in his defense before his change of plea. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: March 18, 2024, Case #: 2024ND50, Categories: competence, ineffective Assistance
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus. All of his ineffective assistance claims were either baseless and conclusory allegations, or unsupported by the evidence in the record. The inmate was properly advised of the charges against him and the risks of going to trial, properly notified of plea negotiations and given a full and fair opportunity to accept the state's plea offer, and did not require a competency hearing because he clearly understood proceedings. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: December 21, 2023, Case #: AC45971, Categories: competence, Habeas, ineffective Assistance
J. Gaitas affirms the district court's denial of a postconviction relief petition arguing that a defendant's due process rights were violated when the district court failed to order a competency evaluation and his attorney did not request one. At relevant hearings, the defendant's behavior was not so unusual that a reasonable attorney should have doubted his competence, regardless of the defendant's previous findings of incompetence for similar behavior. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Gaitas, Filed On: August 28, 2023, Case #: A21-0938, Categories: competence, ineffective Assistance, Domestic Violence
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J. Osowik finds that although defendant's attorney was later charged in disciplinary proceedings and forced to resign from the practice of law, he provided competent representation during her case and was fully prepared for trial at the time he advised her to enter an Alford plea. Defendant answered all of the court's questions coherently and lucidly during her plea colloquy, and while she had a history of bipolar disorder, nothing indicated she was incompetent to stand trial or would be prejudiced by the plea agreement. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Osowik, Filed On: August 11, 2023, Case #: 2023-Ohio-2796, Categories: competence, ineffective Assistance, Assault
J. Johnson finds that defendant had effective assistance of counsel during a hearing for an emergency order to authorize the involuntary administration of psychiatric drugs. A person subject to a competency hearing is entitled the counsel and may file a direct appeal to claim ineffective assistance. During the two days counsel had to prepare for the hearing he had access to all medical records, witnesses and defendant's treating physician, and defendant did not provide any reason why he should not receive the drugs. Affirmed.
Court: Colorado Court Of Appeals, Judge: Johnson, Filed On: July 13, 2023, Case #: 22CA2278, Categories: competence, ineffective Assistance
J. Pirtle finds the county court properly denied defendant’s motion for postconviction relief without evidentiary hearing regarding his convictions for motor vehicle homicide, manslaughter, driving under the influence causing serious bodily injury and refusal to submit to a breath test. All evidence supports the convictions. The record shows that defendant would not have been found incompetent, so his counsel was not ineffective for failing to seek evaluation. Defendant’s appellate counsel was not ineffective for failing to raise the claim on direct appeal, so the claim was properly denied. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Pirtle, Filed On: July 11, 2023, Case #: A-22-716, Categories: competence, ineffective Assistance, Vehicular Homicide