15 results for 'cat:"Firearms" AND cat:"Ineffective Assistance"'.
J. Gallagher finds defendant fails to show he received ineffective assistance during his firearm possession case. The lack of binding precedent at the time of defendant's conviction as to whether the Second Amendment allows convicted felons to possess firearms renders his conviction for possession of a firearm constitutional, while the Supreme Court's decision in Bruen only altered the analysis framework for future Second Amendment cases. Therefore, defendant's attorney was not required to raise the argument before the trial court. Affirmed.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: March 28, 2024, Case #: 2024-Ohio-1163, Categories: Constitution, firearms, ineffective Assistance
[Consolidated.] J. McShan finds that the lower court properly convicted defendant based on his guilty plea to weapon possession. After going through four attorneys and bringing pro so motions as well, defendant contends counsel was ineffective for failing to challenge the search warrant that led to the discovery of a loaded handgun at his home, but his claims constituted nothing more than disagreement over strategy. Affirmed.
Court: New York Appellate Divisions, Judge: McShan, Filed On: February 29, 2024, Case #: 109578, Categories: firearms, ineffective Assistance, Plea
J. Graves finds the district court improperly denied defendant's petition for a writ of habeas corpus. Defendant challenges his guilty plea conviction for conspiracy to possess stolen firearms, asserting ineffective assistance of counsel based on his trial attorney’s failure to consult with him about filing an appeal. Defendant has demonstrated that, but for the attorney's deficient conduct, he would have appealed. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 25, 2024, Case #: 22-50332, Categories: firearms, Habeas, ineffective Assistance
J. Moritz finds that the lower court improperly denied defendant's motion to withdraw his guilty plea regarding felon in possession of ammunition charges. During the proceedings, counsel misrepresented important information about the racial makeup of the jury that would be overseeing his trial and that all minorities would be removed from his jury, and those misrepresentations were not corrected by the court. Under this bad information, defendant's guilty plea was unknowing and involuntary. Reversed.
Court: 10th Circuit, Judge: Moritz, Filed On: January 23, 2024, Case #: 22-6132, Categories: firearms, ineffective Assistance, Plea
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[Consolidated.] J. Watkins finds that the trial court properly denied defendants' motions for new trials following defendant's obstruction and firearm conviction and the co-defendant's firearm conviction. Sufficient evidence was presented to support defendant's convictions, including evidence that she was close enough to the firearm in the truck to access it and that she resisted the officer's instructions to exit the vehicle. Defendant failed to show that her trial counsel's performance was deficient. Affirmed.
Court: Georgia Court of Appeals, Judge: Watkins, Filed On: January 18, 2024, Case #: A23A1239, Categories: firearms, ineffective Assistance, Obstruction
J. Peterson finds that the trial court properly convicted defendant of murder, possession of a firearm by a convicted felon, possession of a firearm during the commission of a felony and other offenses. Sufficient evidence was presented to support defendant's convictions, including defendant's admission that he was present when the victim was shot but made no attempt to seek medical aid. Defendant's trial counsel was not deficient for failing to request a jury instruction on concealing the death of another or hindering the apprehension of a felon. Affirmed.
Court: Georgia Supreme Court, Judge: Peterson, Filed On: December 19, 2023, Case #: S23A0894, Categories: firearms, ineffective Assistance, Murder
J. Lambert finds partially in favor of defendant in his appeal of his conviction and sentence after pleading no contest to aggravated battery with a firearm, carjacking and other charges. Two of the grounds defendant raises, including that he would not have entered the plea deal if his ineffective counsel had not failed to advise him he would be eligible for gain time regarding his 25-year sentence for aggravated battery, are not explicitly refuted or supported by the records attached to the trial court's denial order, so the order is reversed on those two grounds and the case is remanded for the trial court to either attach the necessary records or hold an evidentiary hearing. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: October 20, 2023, Case #: 23-1150, Categories: firearms, ineffective Assistance, Battery
Per curiam, the appeals court finds the trial court improperly dismissed defendant's appeal of his sentence for armed robbery, which he brought in part on grounds that his counsel was ineffective for failing to evaluate his competency and understanding. The trial court erred in dismissing the appeal as "unauthorized" and should have, under the rules of criminal procedure, at least made clear in its order whether it was exercising its discretion to allow the claims in defendant's amended motion to proceed or summarily dismissing them with prejudice. This narrow part of its order overturned and the case is remanded for further proceedings. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: October 20, 2023, Case #: 23-1888, Categories: firearms, ineffective Assistance, Robbery
J. Miller finds that the trial court improperly granted in part defendant's motion for a new trial on his convictions for aggravated assault with a deadly weapon and firearm offenses. The trial court incorrectly found that defendant's trial counsel was deficient for failing to request a jury instruction on reckless conduct as a lesser included offense of aggravated assault. Defendant's action in firing warning shots into the air constituted aggravated assault with a deadly weapon, not reckless conduct. Reversed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: August 28, 2023, Case #: A23A1140, Categories: firearms, ineffective Assistance, Assault
J. Scudder finds that the lower court improperly denied defendant's request for a new trial without holding a hearing on his claims that counsel's heroin addiction affected his representation. Counsel overdosed on heroin less than three weeks after trial, and defendant is entitled to a hearing on whether counsel's addiction impacted his representation of defendant on serious criminal charges. Further, defendant was improperly convicted of two gun charges, when the record shows defendant made a single choice to possess a firearm over a 30-minute period that included sale of heroin to a confidential informant. Vacated.
Court: 7th Circuit, Judge: Scudder, Filed On: July 24, 2023, Case #: 22-1195, Categories: firearms, ineffective Assistance
J. Pinson finds that the trial court properly convicted defendant of murder and firearm offenses. Defendant has not shown that his trial counsel was deficient for failing to correct the medical examiner's testimony about the range the fatal gunshot was fired from. Defendant's counsel thoroughly cross-examined the medical examiner about the range-of-fire estimate and elicited testimony from him that the gun could have been fired closer than the estimated two to three feet. Defendant failed to show that the trial outcome was impacted by a passing comment the trial court made characterizing the range-of-fire evidence. Affirmed.
Court: Georgia Supreme Court, Judge: Pinson, Filed On: June 21, 2023, Case #: S23A0228, Categories: firearms, ineffective Assistance, Murder
J. Warren finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. The trial court correctly denied defendant's motion for a new trial and did not commit any error in allowing witness testimony about voluntary intoxication. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: June 21, 2023, Case #: S23A0214, Categories: firearms, ineffective Assistance, Murder
J. Papik finds the Nebraska Court of Appeals improperly determined that defendant, who pled guilty to two counts of firearm possession by a prohibited person, was entitled to relief for ineffective assistance of counsel on the grounds that his counsel did not consult with him as to whether or not he wanted to appeal. Defendant did not allege in his postconviction motion that counsel failed to consult, but that appeal was requested and not filed. The Court of Appeals erred by finding that defendant was entitled to relief on the failure to consult theory. Reversed and remanded with directions.
Court: Nebraska Supreme Court, Judge: Papik, Filed On: June 9, 2023, Case #: S-21-812, Categories: firearms, ineffective Assistance, Plea
J. Ellington finds that the trial court properly convicted defendant of murder and possession of a firearm during the commission of a felony. The trial court did not violate defendant's right to a thorough cross-examination when it refused to allow him to show his left arm during cross-examination of the lead detective. Defendant's request arose due to a witness's claim that the shooter had a tattoo on his arm. The trial court also did not commit any error by refusing to charge the jury on self-defense. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: May 16, 2023, Case #: S23A0203, Categories: firearms, ineffective Assistance, Murder