6 results for 'cat:"Ineffective Assistance" AND cat:"Sentencing" AND cat:"Plea"'.
J. Tookey finds that the post-conviction court properly denied relief on defendant’s claim that his trial counsel was inadequate for failing to advise him of developments in the law regarding the constitutionality of nonunanimous jury verdicts in the state. The record supports the post-conviction court's determination that defendant's claim "that his awareness of the remote possibility that the chain of events could occur would have changed his mind about pleading guilty 'strains credulity.' He also failed to show that his guilty plea was not knowing, intelligent and voluntary. Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: January 4, 2024, Case #: A178753, Categories: ineffective Assistance, sentencing, plea
J. Russell finds that the lower court properly denied defendant's post-conviction motion alleging ineffective assistance of counsel at both his guilty plea and sentencing proceedings. Counsel testified that he was aware of defendant's past competency issues, but said defendant was able to consult with him rationally and understood the proceedings. Further, the court observed defendant at both proceedings and said he did not appear erratic or confused. Affirmed.
Court: Missouri Supreme Court, Judge: Russell, Filed On: November 7, 2023, Case #: SC100084, Categories: ineffective Assistance, sentencing, plea
J. Hixson finds the lower court properly denied defendant’s motion for a reduced sentence. Defendant pleaded guilty to attempted aggravated kidnapping and aggravated assault and agreed to a six-year sentence to be served incarcerated and to run consecutively to a prior conviction he received in a separate case. Defendant argues he received ineffective assistance of counsel, but he waived his right to argue it when he told the trial court that he was not going to pursue post-conviction relief, only a reduction in his sentence. The instant court finds that the record clearly indicated the defendant's sentences were to run consecutively and that he was aware of it at the time he entered his guilty plea. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Hixson, Filed On: November 3, 2023, Case #: M2023-00112-CCA-R3-CD, Categories: ineffective Assistance, sentencing, plea
J. Sutton finds the advice of the inmate's attorney to plead guilty to certain charges that were eventually found not to constitute crimes of violence under federal sentencing guidelines did not constitute ineffective assistance. Not only was the change in sentencing guidelines made more than two years after the plea agreement, the 12 pages of evidentiary admissions by the inmate and the life sentence mandated by his murder of a federal witness charge clearly prove his bargaining position was not affected by the advice. Affirmed.
Court: 6th Circuit, Judge: Sutton, Filed On: June 22, 2023, Case #: 21-6208, Categories: ineffective Assistance, sentencing, plea
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J. Tabor finds that defendant was properly denied ineffective relief from his conviction for burglary, domestic abuse assault, and other charges, because counsel was not bound to mention sex offender treatment as a potential consequence of the plea bargain because defendant did not plead guilty to a sexually motivated crime. Affirmed.
Court: Iowa Court Of Appeals, Judge: Tabor, Filed On: May 24, 2023, Case #: 22-0523, Categories: ineffective Assistance, sentencing, plea