44 results for 'cat:"Drug Offender" AND cat:"Ineffective Assistance"'.
J. Markle finds that the trial court properly convicted defendant of trafficking more than 400 grams of methamphetamine and possession with intent to distribute methamphetamine. The trial court correctly excluded evidence that defendant's son had prior convictions for methamphetamine possession, sale and distribution. Defendant claimed the evidence explained his state of mind in taking responsibility for the drugs to prevent his son from being arrested and showed the son's ability and intent to possess the drugs. The evidence was inadmissible and its exclusion did not prevent defendant from mounting his defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Markle, Filed On: May 9, 2024, Case #: A24A0010, Categories: drug Offender, Evidence, ineffective Assistance
J. Ransom finds that the lower court properly convicted defendant on drug charges. The court was not required to appoint counsel to represent defendant at his initial appearance or bail hearing, because these are not critical stages of the prosecution. Further, defendant's claim regarding the denial of defendant's motion to suppress evidence because detectives lacked jurisdiction to arrange drug buys outside city limits is not preserved for judicial review. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100170, Categories: drug Offender, ineffective Assistance, Due Process
J. St. Eve finds that the lower court properly denied defendant's motion for post-conviction relief alleging ineffective assistance of counsel based on the fact that his second hired attorney also presided over his preliminary hearing in this same case. Defendant presents no specific evidence that his counsel's performance was in any way deficient despite this conflict of interest that went unremarked. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: April 26, 2024, Case #: 22-3086, Categories: drug Offender, ineffective Assistance
J. Welbaum finds legislation to legalize recreational marijuana and allow individuals to cultivate marijuana plants at their homes did not de-criminalize conduct that occurred before it was put into effect and, in any case, defendant's conviction for possession of several plants was based on plants visible from the outside of his home, conduct still prohibited under the new laws. Meanwhile, defendant's consent to allow police to search his home negates any claim for ineffective assistance of counsel because a motion to suppress the results of the search would have been unsuccessful. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: April 26, 2024, Case #: 2024-Ohio-1609, Categories: drug Offender, ineffective Assistance, Search
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J. Bower finds that defendant was properly denied relief from her conviction of neglect or abandonment of a dependent person, possession of marijuana, and child endangerment, after drugs were found in her home and one child tested positive for methamphetamine, as defendant did not attempt to demonstrate she would have avoided pleaded guilty had counsel approached her defense in a different manner. Affirmed.
Court: Iowa Court Of Appeals, Judge: Bower, Filed On: April 24, 2024, Case #: 22-1793, Categories: drug Offender, ineffective Assistance, Child Victims
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. Peterson finds the lower court improperly convicted defendant of possession of methamphetamine and sentenced him to two years and six months’ imprisonment. The instant court found the trial court failed to provide the necessary 401(a) admonishments to defendant when he indicated he wished to proceed pro se, as a result, he appeared pro se at critical stages of trial without a valid waiver of counsel. The matter is remanded for new trial. Vacated.
Court: Illinois Appellate Court, Judge: Peterson, Filed On: April 8, 2024, Case #: 220407, Categories: drug Offender, Fair Trial, ineffective Assistance
J. Douglas finds the district court properly convicted defendant, by guilty plea, for conspiracy to possess with intent to distribute 50 grams or more of meth. The court also denied defendant habeas relief for his argument that trial and appellate counsel were ineffective for failing to object to the purity of meth attributed to him. That defendant was accountable for a certain amount of the drug by weight makes his evidentiary argument meritless. The court would have adopted the same guideline range and imposed the same sentence even if the drug purity objection had been made. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: March 1, 2024, Case #: 22-51046, Categories: drug Offender, Evidence, ineffective Assistance
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. 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. 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. 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. Montgomery finds the lower court properly dismissed defendant’s petition for post-conviction relief. Defendant pleaded guilty to two counts of facilitation of the delivery of marijuana for selling marijuana to a confidential informant. Defendant received an effective 11-month, 29-day sentence. Defendant claims trial counsel was ineffective because he did not advise him that his guilty plea could affect his immigration status. The lower court dismissed the matter finding that it lacked jurisdiction as defendant’s petition was filed outside the one-year statute of limitations, and the evidence did not meet the standard for an exception. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Montgomery, Filed On: February 6, 2024, Case #: M2022-01325-CCA-R3-CD, Categories: drug Offender, ineffective Assistance, Due Process
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. McFadden finds that the trial court properly convicted defendant of possession of a controlled substance and correctly denied defendant's motion to suppress evidence of drugs discovered in his shared bedroom. A probation officer for the individual with whom defendant shared the bedroom conducted the warrantless search because the individual recently tested positive for methamphetamine and had given an incorrect home address. Defendant did not expressly refuse consent for the search. Defendant failed to show that he was prejudiced by his trial counsel's failure to pursue the motion to suppress. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 2, 2024, Case #: A23A1421, Categories: drug Offender, ineffective Assistance, Search
[Consolidated.] J. Egan finds that the lower court improperly dismissed defendant's request to vacate her drug possession conviction for participating in the production of methamphetamine because defendant disclosed text messages demonstrating that assigned counsel pursued a potential sexual relationship with her, which may have influenced defense strategy.
Court: New York Appellate Divisions, Judge: Egan, Filed On: December 28, 2023, Case #: 112038, Categories: drug Offender, ineffective Assistance
Per curiam, the appellate division finds that the trial court properly convicted defendant of manufacture of methamphetamine and attempted use of a child in a sexual performance because defendant resided at the house in which the crimes occurred, and an interview inculpated him in both offenses. Meanwhile, the court properly admitted evidence of defendant's online search history and text messages, and the record did not support ineffective assistance claims. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: November 17, 2023, Case #: KA 20-01032, Categories: drug Offender, Evidence, ineffective Assistance
J. Flaum finds that the lower court properly convicted defendant of conspiring to distribute meth. Defendant did not receive ineffective assistance due to counsel's failure to call a witness who might have testified the attorney pressured him to change his testimony. Even if the attorney was personally motivated not to call the witness, it was certainly in the defendant's best interest not to call the witness because of the risk's his testimony might have posed to her defense. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: November 1, 2023, Case #: 22-2922, Categories: drug Offender, ineffective Assistance, Witnesses
[Consolidated.] J. Clark finds that the lower court properly rejected ineffective assistance claims stemming from defendant's conviction for drug possession and sale because two of three attorneys assigned to represent defendant had been be relieved when potential conflicts of interest came to light, and claims that all three attorneys failed to file specific motions or seek discovery had been forfeited by the guilty plea. However, fines totaling $38,000 should be vacated in the interest of justice. Affirmed in part.
Court: New York Appellate Divisions, Judge: Clark, Filed On: October 19, 2023, Case #: 111898, Categories: drug Offender, ineffective Assistance
J. McShan finds that the lower court properly declined to vacate defendant's conviction for attempted drug sale based on ineffective assistance claims. Defendant contends counsel claimed to have seen laboratory test results about drugs involved in two separate controlled buys even though such a report did not exist, but the self-serving contention was belied by the record. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: October 12, 2023, Case #: 111827, Categories: drug Offender, Evidence, ineffective Assistance
J. Powers finds that the lower court properly convicted defendant based on his guilty plea to selling drugs. Defendant contends counsel was ineffective for assuring he would be permitted to participate in a drug court treatment program, but the issue had been raised and rejected in his postconviction request to vacate. Affirmed.
Court: New York Appellate Divisions, Judge: Powers, Filed On: October 5, 2023, Case #: 112291, Categories: drug Offender, ineffective Assistance
J. Watkins finds the trial court properly denied defendant's motion for a new trial after a jury convicted him of methamphetamine trafficking, charges he faced after law enforcement pulled over a car in which he was a passenger and more than 100 grams of methamphetamine were found under his feet, along with plastic baggies and a digital scale. Defendant's challenge to the sufficiency of the evidence fails, and there is no error in the jury's verdict against him. Defendant's 12 ineffective assistance claims all fail, in part because some claims lack any specific supporting arguments and because others, including two claims stating defendant was prejudiced by his lawyer's blindness, are baseless. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: October 3, 2023, Case #: A23A1156, Categories: drug Offender, Evidence, ineffective Assistance