7 results for 'cat:"Ineffective Assistance" AND cat:"Witnesses"'.
Per curiam, the North Dakota Supreme Court finds that the district court properly denied an application for post-conviction relief. Defendant alleged that he received ineffective assistance of counsel because his trial counsel failed to discredit a witness, failed to call an expert witness and failed to ensure a witness testified at trial. Affirmed.
Court: North Dakota Supreme Court, Judge: Per curiam, Filed On: December 28, 2023, Case #: 2023ND244, Categories: ineffective Assistance, witnesses
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. Flaum finds that the lower court properly convicted defendant of conspiring to distribute meth. Defendant did not receive ineffective assistance due to counsel's failure to call a witness who might have testified the attorney pressured him to change his testimony. Even if the attorney was personally motivated not to call the witness, it was certainly in the defendant's best interest not to call the witness because of the risk's his testimony might have posed to her defense. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: November 1, 2023, Case #: 22-2922, Categories: Drug Offender, ineffective Assistance, witnesses
J. Witt finds that the lower court properly denied defendant's ineffective assistance of counsel claim based on his counsel's failure to call a fact witness. Counsel strategically chose not to call the witness because their testimony about seeing two men yelling in front of the bar would not have been helpful to defendant's case, in that both men were seen with defendant immediately prior to the altercation. Affirmed.
Court: Missouri Court Of Appeals, Judge: Witt, Filed On: August 8, 2023, Case #: WD85293, Categories: ineffective Assistance, Murder, witnesses
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J. Traynor finds that defendant was properly convicted of possession of a firearm and ammunition by a prohibited person since he received adequate representation during trial, as witnesses counsel neglected to call at the suppression hearing would not have altered the outcome. Affirmed.
Court: Delaware Supreme Court, Judge: Traynor, Filed On: July 13, 2023, Case #: 6, 2022, Categories: ineffective Assistance, witnesses
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