8 results for 'cat:"Habeas" AND cat:"Assault"'.
J. Swan finds defendant's habeas corpus petition must be denied, it being the second he has brought after entering a deal to plead no contest to first-degree assault in connection with the shooting of his domestic partner and being sentenced to 20 years' imprisonment. Despite defendant's arguments that his no-contest plea was not entered knowingly, intelligently and voluntarily because certain evidence was withheld from him, his petition must be denied as procedurally barred because he previously filed a separate habeas petition making different arguments as to why his plea was unknowing, and that petition was rejected.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 17, 2024, Case #: 2024 VI 5, Categories: habeas, assault
J. Alvord finds the lower court properly denied the inmate's petition for a writ of habeas corpus. The failure by the inmate's attorney to object to evidence of uncharged misconduct during his trial on assault charges did not constitute ineffective assistance of counsel, as the proof was corroborated by other witness testimony and the decision was part of a sound trial strategy to avoid numerous objections. Additionally, the failure to call an expert witness to rebut cell phone location evidence was not ineffective assistance because there was other, overwhelming evidence to convict defendant and the location evidence was used only to place the inmate near the scene of the crime, not in an exact location. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 1, 2023, Case #: AC45675, Categories: habeas, Ineffective Assistance, assault
Per curiam, the appellate court denies defendant a writ of mandamus to compel the trial court to hold a hearing on his application for habeas corpus and dismissal of prosecution with prejudice from his indictment for allegedly assaulting a public servant while incarcerated for another offense. Defendant says he was indicted after filing the application, that he has not completed serving his sentence, and that the allegation shows that he is not entitled to be released on bail. He says he could be reindicted if the indictment were dismissed. Since an indictment has been returned, the court declines to compel the trial court to rule on an application raising a speedy-indictment complaint as moot. The application for relief seeks to compel a ministerial act, not involving a discretionary or judicial decision. Defendant fails to demonstrate he is entitled to mandamus relief.
Court: Texas Courts of Appeals, Judge: Per curiam, Filed On: August 30, 2023, Case #: 09-23-00268-CR, Categories: habeas, assault, Due Process
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J. Smith finds that the district court properly denied a habeas corpus petition challenging defendant's California conviction for making criminal threats and assault with a deadly weapon. The victim was not authorized to reside in the United States at the time of the crimes and later received a U-Visa, which provides immigration benefits for victims of certain crimes who cooperate with law enforcement. At trial, the court barred defendant from cross-examining the victim about his U-Visa status, which defendant claimed was relevant to the victim's credibility. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: August 25, 2023, Case #: 20-55816, Categories: habeas, Immigration, assault
J. Rubin grants the secretary of the United States Air Force his motion to dismiss a petition that the court vacate convictions in an underlying court-martial against a former airman for raping his wife then revealing suicidal and homicidal ideation at a medical center. The airman, who had previously filed a habeas corpus petition, was denied relief and fails to allege an express waiver of sovereign immunity. Therefore, the court does not have subject matter jurisdiction over his claims.
Court: USDC Maryland, Judge: Rubin, Filed On: August 22, 2023, Case #: 8:22cv1509, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, habeas, assault
J. Wilson finds the state court properly convicted defendant for aggravated assault with a firearm and possession of a firearm by a convicted felon, sentencing him as a habitual offender to two concurrent life sentences without the possibility of parole. Defendant unsuccessfully pursued post-conviction relief in state court then filed a federal habeas petition, which the district court erroneously granted. Two state courts rejected defendant’s claims for relief on speedy trial grounds, as all statutory requirements had been met. Claims of ineffective assistance failed to meet both prongs of the statutory test. The district court “failed to accord required deference to the decision of a state court.” Reversed and rendered.
Court: 5th Circuit, Judge: Wilson, Filed On: May 18, 2023, Case #: 21-60344, Categories: habeas, Judiciary, assault