44 results for 'cat:"Ineffective Assistance" AND cat:"Assault"'.
J. Kamins finds the post-conviction court properly denied relief to defendant after he claimed the state did not prove the “dangerous weapon” element of first-degree assault. “So long as a person uses an object in a manner that makes it readily capable of causing serious physical injury, the object qualifies as a dangerous weapon.” Affirmed.
Court: Oregon Court of Appeals, Judge: Kamins, Filed On: May 15, 2024, Case #: A178930, Categories: ineffective Assistance, assault, Weapons
J. Bethel finds that the trial court properly convicted defendant of murder, aggravated assault and a firearm offense. Although defendant was acquitted of the aggravated assault of one victim, his convictions for the murder and aggravated assault of a second victim and the aggravated assault of a third victim did not render the verdicts repugnant. The jury did not make an affirmative finding that defendant did not fire his gun at the victims' car. Defendant's trial counsel did not perform deficiently in failing to move to suppress evidence of defendant's phone records. Affirmed.
Court: Georgia Supreme Court, Judge: Bethel, Filed On: May 14, 2024, Case #: S24A0528, Categories: ineffective Assistance, Murder, assault
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Per curiam, the appellate division finds that the lower court properly convicted defendant of assault, but should only have convicted on one charge. The evidence, including testimony from a police officer, shows that he spat on an elderly victim and punched him in the face. Also, his ineffective assistance of counsel claim fails because the record does not permit review of it. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 3, 2024, Case #: 02381, Categories: ineffective Assistance, assault
J. LaGrua finds that the trial court properly convicted defendant of murder, aggravated assault and firearm offenses. The trial court correctly refused to instruct the jury on voluntary manslaughter because the evidence did not support the charge. Sufficient evidence was presented to support defendant's aggravated assault and firearm possession convictions and to allow the jury to find that defendant was involved in a second shooting. Defendant failed to show that his trial counsel's performance was deficient. Affirmed.
Court: Georgia Supreme Court, Judge: LaGrua, Filed On: April 30, 2024, Case #: S24A0352, Categories: ineffective Assistance, Murder, assault
J. Ransom finds that the lower court properly convicted defendant of assault and armed criminal action after failing to appoint counsel at her initial appearance and excluding certain evidence of the victim's violence behavior during trial. Defendant was not entitled to counsel at an initial appearance, and the court reasonably allowed only two of six accounts of the victim's alleged violent character to support defendant's claim that the victim started the fight. Affirmed.
Court: Missouri Supreme Court, Judge: Ransom, Filed On: April 30, 2024, Case #: SC100303, Categories: Evidence, ineffective Assistance, assault
J. Miller finds defendant's attorney did not provide ineffective assistance of counsel when she suggested he take a plea deal. Although she told him the county of the trial court was predominantly white and that a jury could include biased members, such communications did not represent coercion or prevent defendant from making an informed decision about how to proceed. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: April 9, 2024, Case #: 2024-Ohio-1334, Categories: ineffective Assistance, assault, Plea
J. Tenney finds that counsel was not ineffective for deciding not to object to prior acts evidence in defendant's aggravated assault trial. The state made narrow use of probative evidence about similar instances where defendant was aggressive when he suspected his wife was unfaithful. And he failed to show he was prejudiced by counsel's decision not to object to other evidence. Affirmed.
Court: Utah Court Of Appeals, Judge: Tenney, Filed On: April 4, 2024, Case #: 20210774-CA, Categories: ineffective Assistance, assault
J. Mortensen finds that the lower court properly convicted defendant of aggravated assault and domestic violence in the presence of a child. Defendant’s wife reported to police that defendant assaulted her in front of their five children, but later recanted her statement and asserted her Fifth Amendment right 47 times at trial. Defendant argues that hearing the invocations over and over prejudiced the jury, but he did not object to the invocations prior to appeal. Also, his argument of ineffective assistance of counsel fails, as what defendant views as error by counsel would not have impacted the outcome of the trial. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20220006-CA, Categories: ineffective Assistance, assault, Domestic Violence
J. Stewart finds a criminal defendant does not have to intend to harm or kill a victim to be entitled to a self-defense jury instruction and, therefore, defendant's counsel was ineffective when he failed to request such an instruction during defendant's trial on assault charges. Defendant testified he shot his gun to scare the victim after the two had a heated argument outside a gas station, and because Ohio's self-defense statute requires only an "intent to repel or escape force," he was entitled to self-defense instruction and his conviction must be vacated. Reversed.
Court: Ohio Supreme Court, Judge: Stewart, Filed On: March 7, 2024, Case #: 2024-Ohio-776, Categories: ineffective Assistance, assault, Self Defense
J. Hess finds statements made to police identifying defendant as the perpetrator of an assault were properly admitted into evidence by the trial court. They were made less than 15 minutes after the assault took place and nearly immediately after the arrival of police, which qualified them as excited utterances. Meanwhile, although defendant was indigent at the time of the crime and his trial, the failure by his attorney to request a waiver of costs did not constitute ineffective assistance because the aggravating circumstances of the crime, including the severity of the victim's injuries, would have rendered such a request futile. Affirmed.
Court: Ohio Court Of Appeals, Judge: Hess, Filed On: January 22, 2024, Case #: 2024-Ohio-198, Categories: ineffective Assistance, assault, Identification
J. Ellington finds that the trial court properly convicted defendant of murder and aggravated assault and correctly denied defendant's motion for a new trial. Sufficient evidence was presented to support defendant's convictions and to allow the jury to find that defendant shared his co-defendants' criminal intent. The trial court correctly denied defendant's motion to suppress evidence seized from his home pursuant to a search warrant. Defendant failed to show that his trial counsel's joint representation of him and his brother, a co-defendant, gave rise to an actual conflict of interest that prejudiced defendant. Affirmed.
Court: Georgia Supreme Court, Judge: Ellington, Filed On: January 17, 2024, Case #: S23A1207, Categories: ineffective Assistance, Murder, assault
J. Hellman finds the post-conviction court properly concluded that defendant’s trial counsel did not provide inadequate and ineffective assistance of counsel after counsel failed to argue for merger of petitioner’s convictions. “Recklessly endangering another person and attempted first-degree assault each require proof of an element that the other does not, they do not merge.” Affirmed.
Court: Oregon Court of Appeals, Judge: Hellman, Filed On: December 28, 2023, Case #: A176150, Categories: ineffective Assistance, Sentencing, assault
J. Palafox finds that a lower court ruled correctly in convicting defendant on assault charges. Defendant argues that he received ineffective counsel by failing to communicate that the had accepted a plea offer before the state rescinded it, but he did not raise this issue until appeal and his attorney has not been given an opportunity to "to contest or contextualize his allegations." Affirmed.
Court: Texas Courts of Appeals, Judge: Palafox, Filed On: December 21, 2023, Case #: 08-23-00092-CR, Categories: ineffective Assistance, assault, Plea
J. Mortensen finds the trial court improperly convicted defendant for home invasion and assault of a 72-year-old woman. Defendant was already in jail on drug charges and police interviewed him, resulting in a confession. Trial counsel was ineffective for failing to move to suppress defendant's confessions. The state had no other evidence of his guilt and the failure to move to suppress resulted in prejudice. Vacated.
Court: Utah Court Of Appeals, Judge: Mortensen , Filed On: December 14, 2023, Case #: 20210766-CA, Categories: ineffective Assistance, Robbery, 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
J. Fuller finds that the trial court properly convicted defendant of aggravated assault and correctly denied defendant's motion to suppress surveillance video evidence showing defendant beating the victim. The seizure of recording equipment from the bar where the assault occurred was lawful. Sheriff's deputies reasonably believed the bar manager had authority to provide the recording equipment based on her job responsibilities. Although the trial court incorrectly blocked defendant from questioning the victim about her prior false allegations due to lack of notice to the state, the error probably did not affect the trial outcome in light of the surveillance video evidence. Defendant failed to show that he was prejudiced by his trial counsel's allegedly deficient performance. Affirmed.
Court: Georgia Court of Appeals, Judge: Fuller, Filed On: December 1, 2023, Case #: A23A1336, Categories: Evidence, ineffective Assistance, assault
J. Page finds that the lower court properly convicted defendant on nine counts related to a shooting, and sentenced him to 25 years in prison. Defense counsel was not ineffective for failing to call a witness at his second trial because he had a strategic reason for not calling the witness due to the risk he might testify against defendant at his first trial. Affirmed.
Court: Missouri Court Of Appeals, Judge: Page, Filed On: November 28, 2023, Case #: ED111367, Categories: ineffective Assistance, assault, Witnesses
J. Olson finds that the lower court improperly denied defendant’s petition filed under the Post Conviction Relief Act challenging his attorney’s effectiveness at his trial for beating the head of another man, who had slept with and given heroin to his pregnant girlfriend, with a baseball bat inflicting fatal injuries. Defendant failed to demonstrate that his trial counsel’s actions were unreasonable. Affirmed.
Court: Pennsylvania Superior Court, Judge: Olson, Filed On: November 21, 2023, Case #: J-S31011-23, Categories: ineffective Assistance, Murder, assault
J. Byrne finds the failure by defendant's attorney to make an insanity defense during his community control revocation hearing did not constitute ineffective assistance of counsel. Not only was there no evidence defendant was legally insane at the time he misused prescription drugs, he also fully admitted to the control violation and accepted responsibility for his actions. Meanwhile, the trial court's proper consideration of all required factors, including recidivism and the seriousness of defendant's initial assault offense, allowed for the imposition of an indefinite sentence. Affirmed.
Court: Ohio Court Of Appeals, Judge: Byrne, Filed On: November 6, 2023, Case #: 2023-Ohio-4022, Categories: ineffective Assistance, Sentencing, assault