8 results for 'cat:"Ineffective Assistance" AND cat:"Sentencing" AND cat:"Sex Offender"'.
J. Lagesen finds the post-conviction court erred in denying relief on defendant's claim that trial counsel was constitutionally inadequate for not objecting to the trial court’s imposition of enhanced sentences. Counsel should have recognized "that the application of the statute would require a factual determination that at least one of the convictions…involved a separate criminal episode.” Reversed.
Court: Oregon Court of Appeals, Judge: Lagesen, Filed On: May 1, 2024, Case #: A178824, Categories: ineffective Assistance, sentencing, sex Offender
J. Mortensen finds that the lower court properly convicted defendant of two counts of aggravated sexual abuse of his two minor daughters following his guilty plea. As part of the plea agreement, a sentence of two concurrent terms of six years to life was to be recommended, but at the sentencing hearing, the victims testified that they felt the sentence to be too lenient. The lower court sentenced defendant to 15 years to life for each count, to run concurrently. Defendant argues the prosecutor breached the plea agreement and the court should not have considered the victims’ view on the sentence. Defendant also asserts he received ineffective assistance by trial counsel for failing to object to the prosecutor’s statements at sentencing. However, there was no breach of the plea agreement and no deficiency in defendant’s legal representation. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: March 28, 2024, Case #: 20221055-CA, Categories: ineffective Assistance, sentencing, sex Offender
J. Abele finds the failure by defendant's attorney to object to testimony from a detective was not ineffective assistance. Although the detective claimed defendant admitted he would not contest the sexual imposition charges, defendant had already confessed his crimes to his employer and in another police interview; therefore, the admission of the statement did not "hand the case" to the state. Meanwhile, the trial court made all required findings before it imposed consecutive sentences for defendant's convictions and, therefore, his sentence is reasonable. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: December 20, 2023, Case #: 2023-Ohio-4809, Categories: ineffective Assistance, sentencing, sex Offender
J. Getty finds that defendant's claim that counsel should have challenged his confession to abusing his daughter and his tenants' children on Miranda grounds fails since he waived his rights by continuing to speak during interrogation. But he should have received three consecutive 15-year terms based on one strike allegations, not 25-year terms. Reversed in part.
Court: California Courts Of Appeal, Judge: Getty, Filed On: November 15, 2023, Case #: A164370, Categories: ineffective Assistance, sentencing, sex Offender
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J. Earl finds that the trial court was within its discretion to deny defendant's multiple requests to substitute counsel. Many of the requests were untimely, disputes with counsel about tactics were not irreconcilable, and any breakdowns of communication were caused by defendant. Also, defendant's 210-year sentence, with 80 years determinate, is not unconstitutional or disproportionate to his crimes. However, his sentence should be modified with an award of 534 days of presentencing custody and worktime credits. Affirmed as modified.
Court: California Courts Of Appeal, Judge: Earl, Filed On: September 25, 2023, Case #: C095100, Categories: ineffective Assistance, sentencing, sex Offender
J. Joyce finds the trial court properly convicted defendant of first-degree rape. “The proposed jury instruction that trial counsel proffered was an incorrect statement of the law. Given that concession, the post-conviction court did not err in denying relief on petitioner’s claim that appellate counsel unreasonably failed to assign error to the trial court’s refusal to give that same instruction. The post-conviction court correctly denied relief.” Affirmed.
Court: Oregon Court of Appeals, Judge: Joyce, Filed On: July 12, 2023, Case #: A176101, Categories: ineffective Assistance, sentencing, sex Offender
J. McEvers finds that the district court properly denied a petition for post-conviction relief after the individual pleaded guilty to multiple charges including child abuse and tampering with physical evidence and ten counts of possession of child sexual abuse materials. The individual's sentence was not illegal and he did not receive ineffective assistance of counsel. Affirmed.
Court: North Dakota Supreme Court, Judge: McEvers, Filed On: June 8, 2023, Case #: 2023ND111, Categories: ineffective Assistance, sentencing, sex Offender