53 results for 'cat:"Habeas" AND cat:"Ineffective Assistance"'.
J. Agee finds the lower court improperly rejected the inmate's request for a new trial on perjury charges. The inmate argued he deserved a new trial because his counsel was ineffective for failing to appeal erroneous jury instructions. The state agrees that counsel was ineffective on this issue and the inmate is entitled to a new trial. Reversed.
Court: 4th Circuit, Judge: Agee, Filed On: April 30, 2024, Case #: 22-6272, Categories: habeas, ineffective Assistance, Jury Instructions
J. Wood finds that the lower court properly dismissed defendant's habeas petition challenging his conviction for murdering his wife. Defendant argues that his counsel was ineffective for failing to discover evidence that cast doubt on an expert witness's testimony against him. However, a state court already found defendant waived this claim by failing to raise it on direct appeal, and the state-court waiver means that he procedurally defaulted the claim for federal-court purposes as well. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 29, 2024, Case #: 23-2125, Categories: habeas, ineffective Assistance, Experts
J. Cadish finds the district court properly granted defendant's petition for postconviction relief. Convicted for robbery and weapons charges as well as two counts of murder, defendant's counsel failed to present testimony to impeach his codefendants' testimony. Evidence showed defendant's attorneys received a letter from an inmate saying a codefendant admitted defendant did not kill the victims and the codefendant lied in order to receive a lenient sentence. Another statement from another codefendant characterizing defendant as a violent person was not described in the state's notice of intent to seek the death penalty or its notices of evidence in aggravation. Based on the omissions, counsel should have challenged the introduction of the evidence. Affirmed.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: April 26, 2024, Case #: 83685, Categories: habeas, ineffective Assistance, Murder
J. Cradle finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel. His attorney's decision not to call an identification evidence expert witness at trial was sound strategy based on the unreliability of such evidence, which likely would have been ruled inadmissible by the trial court. Additionally, while the attorney should have interviewed the alibi witness's children, who were also present when she allegedly dropped the inmate off at the scene of the crime, their potential testimony would have been cumulative and would not have changed the outcome of the trial because they were not present at the time of the shooting. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Cradle, Filed On: April 19, 2024, Case #: AC45569, Categories: habeas, ineffective Assistance, Robbery
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Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant claimed that his counsel was ineffective and in turn, his plea was not voluntary or intelligently made because counsel failed to explain the offense he was pleading guilty to could be used to enhance future criminal penalties. Defendant failed to establish his attorney’s conduct fell below an objective standard of reasonableness. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: April 4, 2024, Case #: 2024ND67, Categories: habeas, ineffective Assistance
J. Stranch finds the lower court properly granted the inmate habeas relief on his claim of ineffective assistance of counsel. His attorney's failure to call alibi witnesses in light of evidence a witness saw the inmate, who did not own a car, at home less than seven minutes before a robbery committed at a gas station more than three miles away was highly prejudicial. Additionally, the inmate was also entitled to relief on his jury claims because the trial court's failure to analyze the prosecution's reasoning behind striking six black jurors and claiming "some explanation" was enough to justify the jurors' exclusion was a procedural error. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: March 28, 2024, Case #: 22-1705, Categories: habeas, ineffective Assistance, Jury
J. Thomas finds that the district court properly denied a habeas corpus petition in a case in which defendant was sentenced to death after a jury convicted him of murder of one woman and the rape, sodomy and forced oral copulation of another. Defendant claimed that his trial counsel was ineffective for failing to challenge a pathologist's qualifications after he was contracted to perform an autopsy in the matter. Affirmed.
Court: 9th Circuit, Judge: Thomas, Filed On: March 28, 2024, Case #: 20-99011, Categories: Death Penalty, habeas, ineffective Assistance
J. Collins finds that the district court properly denied defendant's habeas corpus petition challenging his state court convictions for attempted murder, battery and burglary arising from his stabbing attack on multiple employees at the Clark County Social Services office in Henderson, Nevada. Defendant contended that his trial counsel was ineffective in failing to pursue a defense of voluntary intoxication with respect to the charges that required the state to prove specific intent. Defendant did not present sufficient evidence for the ineffective assistance claims. Affirmed.
Court: 9th Circuit, Judge: Collins, Filed On: March 19, 2024, Case #: 21-15806, Categories: habeas, ineffective Assistance, Murder
J. Moll finds the lower court properly dismissed the inmate's third habeas petition because his previous habeas attorney's failure to file an ineffective assistance claim against his trial counsel was not, in itself, ineffective assistance of counsel. The inmate claimed his trial attorney's performance was deficient on account of her failure to request a self-defense jury instruction, but because the victim was shot in the back as he attempted to flee and the inmate had no evidence to corroborate his claim he saw the victim reach for a gun, there was no evidence to support a self-defense instruction. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: March 15, 2024, Case #: AC45982, Categories: habeas, ineffective Assistance, Self Defense
J. Bright finds that while the lower court erroneously refused to consider the merits of the inmate's ineffective assistance claim contained in his petition for a writ of habeas corpus, its decision to deny the writ was nevertheless correct as the prosecution's failure to disclose a complete copy of notes taken by a detective did not prejudice the inmate or alter the outcome of the trial. Although a complete copy of the notes indicated a different number of girls on the premises the day the inmate assaulted the victim when compared to the victim's testimony, the discrepancy was unimportant and, furthermore, the inmate's attorney was able to achieve the desired impeachment result through cross-examination of the detective, regardless of the notes. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: March 1, 2024, Case #: AC45422, Categories: habeas, ineffective Assistance, Sex Offender
J. White finds the Kentucky Supreme Court misapplied U.S. Supreme Court precedent when it determined a criminal defendant's upbringing can only outweigh aggravating circumstances if it provides a rationale for the charged offenses and, therefore, it improperly denied defendant's request for habeas relief on ineffective assistance claims. Defendant's attorney provided almost no mitigation evidence during the penalty phase of his trial despite the "most severe and unimaginable level of physical and mental abuse" he encountered during his childhood, which prejudiced him and requires habeas relief as to the penalty phase that resulted in a death sentence. Reversed.
Court: 6th Circuit, Judge: White, Filed On: February 22, 2024, Case #: 17-6032, Categories: Death Penalty, habeas, ineffective Assistance
J. Bright finds the lower court erroneously denied the petitioner's request to reopen his habeas case without resolving factual disputes or making credibility determinations. Although the motion was filed after the relevant procedural deadline, the ineffective assistance claims raised by the petitioner are of such critical importance the deadline is irrelevant. The petitioner claimed his attorney lied about efforts to contact him after he was deported to Jamaica, and because the lower court made no determination regarding the facts of the case, this court declines to do so and remands the case for proper analysis. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: February 15, 2024, Case #: AC45984, Categories: Criminal Procedure, habeas, ineffective Assistance
J. Elgo finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus based on ineffective assistance of counsel claims. His attorneys' failure to file a motion to suppress his confession was based on the facts of the case that included a surviving victim and significant physical evidence that made such a motion highly speculative. Additionally, the attorneys conducted appropriate research into the inmate's mental health before they discarded the thought of a plea deal involving mental disease or defect. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Elgo, Filed On: February 8, 2024, Case #: AC45737, Categories: habeas, ineffective Assistance
J. Schuman finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims related to plea negotiations. His testimony that he would have accepted a plea deal in his murder case with better advice from his attorney was belied by the record, which showed on cross-examination he vehemently denied committing the crimes at least six times and vowed he would not "admit to something that he did not do." Affirmed.
Court: Connecticut Court Of Appeals, Judge: Schuman, Filed On: February 2, 2024, Case #: AC46191, Categories: habeas, ineffective Assistance, Plea
J. Seeley finds the lower court properly dismissed the inmate's petition for a writ of habeas corpus on ineffective assistance claims because he failed to provide any evidence that an eyewitness identification expert would have altered the result of the trial. During the habeas hearing, an experienced defense litigator testified the state's eyewitnesses were sure the petitioner was the shooter, an opinion corroborated by enhanced surveillance footage, and so the trial attorney's decision to refuse to obtain an expert witness was part of a reasonable trial strategy. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: February 2, 2024, Case #: AC45738, Categories: habeas, ineffective Assistance, Experts
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. Duncan finds the district court properly denied defendant's habeas petition in which he sought relief from a state murder conviction wherein he received the death penalty. Defendant's claims of ineffective assistance as to trial counsel's actions involving jury selection and pretrial discovery were not properly briefed before the state appeals court. He has not shown the court would have ruled in his favor even with proper briefing. Affirmed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 16, 2024, Case #: 19-70008, Categories: habeas, ineffective Assistance, Murder
J. Swan finds the superior court properly denied defendant's habeas corpus petition after convicting him of first-degree murder and sentencing him to life imprisonment. Defendant's arguments supporting his petition, including that his counsel was ineffective for failing to object to inconsistent statements from two witnesses at his trial and that newly discovered evidence in the form of a witness statement exonerates him, fail, and the court's denial of his petition stands. Affirmed.
Court: Virgin Islands Supreme Court, Judge: Swan, Filed On: January 10, 2024, Case #: 2024 VI 2, Categories: habeas, ineffective Assistance, Murder
J. Brasher finds that the district court properly denied defendant's petition for habeas relief from his death sentence for murder. Defendant's trial counsel was not deficient for failing to adequately impeach an eyewitness with evidence of his probationary status and probation violation warrants which were pending at the time of the trial. Defendant's counsel was also not ineffective for failing to call a detective to testify that the eyewitness said he could not swear to his identification of defendant during a photo lineup. Defendant's counsel challenged the strength of the eyewitness's identification during cross-examination in other ways. Other ineffective assistance claims raised by defendant are barred by the statute of limitations because they do not relate back to the initial, timely filed habeas petition. Affirmed.
Court: 11th Circuit, Judge: Brasher, Filed On: January 8, 2024, Case #: 22-13616, Categories: habeas, ineffective Assistance, Murder
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. Powell denies the prisoner's motion for release due to ineffective counsel. The prison was convicted of several crimes stemming from a home-invasion robbery with aggravated malicious wounding at his wife's boss's house. The prisoner argues his counsel should have argued for insanity rather than involuntary intoxication. Still, the record establishes that trial counsel made a thorough investigation of the law and facts and chose a course of action that they believed had the best chance of success. Affirmed.
Court: Virginia Supreme Court, Judge: Powell, Filed On: December 14, 2023, Case #: 211114 , Categories: habeas, ineffective Assistance, Robbery
[Consolidated.] J. Murphy finds the lower court properly denied the inmate's petition for a writ of habeas corpus. Defense counsel's failure to initiate plea negotiations before his trial on charges that stemmed from a bank robbery did not prejudice him or constitute ineffective assistance. Furthermore, the attorney's failure to object to several questions directed at the inmate's mother during cross-examination and a mistake during closing arguments in which he misstated the inmate's height are insufficient to be considered ineffective assistance based on the overwhelming evidence of the inmate's guilt. Affirmed.
Court: 6th Circuit, Judge: Murphy, Filed On: December 13, 2023, Case #: 22-3386, Categories: Evidence, habeas, ineffective Assistance
J. Moll finds the lower court properly rejected the inmate's petition for a writ of a habeas corpus because he failed to prove he was prejudiced by his attorneys' failure to reopen plea negotiations after one of the charges against him was removed from the indictment, as he admitted he was unsure whether he would have accepted any plea offers. Meanwhile, the ineffective assistance claim related to the attorney's cross-examination of the victim also fail because the attorney's decision to limit his questioning was part of a reasonable strategy to limit the victim's time on the stand, while he still highlighted inconsistencies in her testimony to reduce her credibility. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: December 8, 2023, Case #: AC45273, Categories: habeas, ineffective Assistance, Sex Offender