8 results for 'cat:"Ineffective Assistance" AND cat:"Kidnapping"'.
J. Edwards upholds defendant's jury conviction for violation of a protective order and guilty plea to burglary for the kidnapping and rape of his girlfriend. Defense counsel was not ineffective for failing to object to a psychologist's testimony pertaining to coercive control relationships, especially in light of the government's overwhelming evidence against defendant. Affirmed.
Court: DC Circuit, Judge: Edwards, Filed On: March 29, 2024, Case #: 22-3058 , Categories: ineffective Assistance, kidnapping, Restraining Order
J. Gamble finds that defendant was properly denied relief from his kidnapping and robbery conviction. Defendant contends counsel should have taken witness depositions before trial, but doing so would not have affected the outcome and, instead, would have resulted in witnesses identifying defendant before trial. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: March 27, 2024, Case #: 22-1589, Categories: ineffective Assistance, Robbery, kidnapping
J. McFadden finds that the trial court properly convicted defendant of offenses including attempted murder, attempted feticide and kidnapping with bodily injury. Sufficient evidence was presented to support defendant's kidnapping conviction. The evidence showed that defendant pulled the victim into his apartment from outside and assaulted her for hours. Defendant cannot show that his trial counsel performed deficiently by failing to request a jury instruction on attempted voluntary manslaughter because the evidence did not support that instruction. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: February 13, 2024, Case #: A23A1768, Categories: ineffective Assistance, kidnapping
J. Bear finds the lower court properly denied defendant's petition for habeas relief. While defendant's kidnapping conviction was based primarily on identification evidence from the victim, the failure by his attorney to call an identification expert witness did not constitute ineffective assistance. The attorney's focus on the victim's inability to recall various details from the abduction and his intoxication at the time of the crime was a sound and reasonable strategy. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bear, Filed On: November 3, 2023, Case #: AC45756, Categories: Habeas, ineffective Assistance, kidnapping
J. Gallagher finds defense counsel's failure to repeatedly object to the prosecution's use of the term "victim" during his trial on rape, kidnapping, and assault charges did not constitute ineffective assistance of counsel. In the context of the case, the word was not used to imply defendant's guilt or elicit sympathy from the jury, while the attorney also made an initial objection when the word was first used. Meanwhile, the trial court properly denied defendant's motion to merge several kidnapping counts for sentencing purposes because each conviction was related to a separate course of conduct. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Gallagher, Filed On: September 7, 2023, Case #: 2023-Ohio-3148, Categories: ineffective Assistance, Sex Offender, kidnapping
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Trapp finds that data from defendant's cell phone that showed he visited several car washes while watching pornographic videos before he attempted to abduct the victim, as well as the victim's testimony about the attack, was sufficient to convict him of attempted kidnapping for the purpose of nonconsensual sexual activity. Meanwhile, the illegal contraband seized from defendant's car following his arrest was plainly visible and was discovered as part of an inventory search of the vehicle; therefore, any motion to suppress would have been denied and defendant's attorney was not ineffective for failing to file such a motion. Affirmed.
Court: Ohio Court Of Appeals, Judge: Trapp, Filed On: August 14, 2023, Case #: 2023-Ohio-2831, Categories: ineffective Assistance, Sex Offender, kidnapping
J. Oliver finds that counsel's failure to investigate a witness prejudiced defendant and requires the reversal of his kidnapping, robbery and firearms convictions. Counsel's strategy would have been much improved with details from defendant's housemate about the circumstances surrounding the alleged kidnapping, particularly statements the housemate made later about the alleged victim not being distressed or restrained in any way. Reversed.
Court: Utah Court Of Appeals, Judge: Oliver, Filed On: July 6, 2023, Case #: 20210167-CA, Categories: ineffective Assistance, kidnapping, Witnesses
J. Mortensen finds that defendant did not show that counsel was ineffective or that he suffered prejudice in a trial that ended with convictions for multiple offenses. Alleged erroneous jury instructions for aggravated sexual assault and aggravated kidnapping did not result in prejudice. And counsel was within reason to decide not to challenge the value of a phone that defendant destroyed and was the basis of a theft count. Affirmed.
Court: Utah Court Of Appeals, Judge: Mortensen, Filed On: June 23, 2023, Case #: 20210286-CA, Categories: ineffective Assistance, Robbery, kidnapping