Quantcast

Tag Archives: Ineffective Assistance Claim

Criminal Practice – Daubert Gatekeeping – Plain Error Review – Fire Investigator – Other Evidence – Ineffective Assistance Claim – Restitution (access required)

State v. Hunt (Lawyers Weekly No. 011-357-16, 24 pp.) (Wanda Bryant, J.) Appealed from Durham County Superior Court (James Roberson, J.) N.C. App. Holding: An unpreserved challenge to the performance of a trial court’s gatekeeping function in admitting opinion testimony ...

Read More »

Criminal Practice – Jury Instructions – Jury Nullification – Appeals — Attorneys – Ineffective Assistance Claim – MAR (access required)

State v. Kelly Defendant contends that the trial court erred by failing to instruct the jury on jury nullification. We know of no authority for the trial court to instruct the jury on jury nullification, which is the jury’s knowing and deliberate rejection of the evidence or refusal to apply the law. If defendant’s argument were to be adopted, it would lead to chaos and an absence of justice in North Carolina.

Read More »

Criminal Practice – Sexual Offenses – Constitutional – Ineffective Assistance Claim – Pro Se Defendant – In Camera Review – No Plain Error Analysis – Quashed Subpoena – Judges (access required)

State v. Brunson Where defendant filed multiple pro se motions, fired four different attorneys, and elected to represent himself at trial, defendant’s only true “counsel” was himself; accordingly, he cannot complain that the quality of his own defense amounted to a denial of effective assistance of counsel.

Read More »

Criminal Practice – Habeas Corpus – Death-Row Defendant – Mental Retardation – Ineffective Assistance Claim (access required)

Winston v. Pearson The 4th Circuit affirms a grant of habeas relief to a defendant convicted of the capital murder of a couple in their home, after the district court’s de novo review of defendant’s claim that his trial attorneys were ineffective for failure to raise a claim under Atkins v. Virginia that defendant’s mental retardation barred imposition of the death penalty.

Read More »

Criminal Practice – Constitutional – Ineffective Assistance Claim – MAR – Evidentiary Hearing – Search & Seizure – Supporting Affidavit (access required)

State v. Jackson Defendant’s trial counsel moved to suppress evidence found in a search of the apartment where defendant was living, but counsel neglected to attach to the suppression motion the affidavit required by G.S. § 15A-977(a); furthermore, counsel failed to make a showing that defendant had standing to challenge the search. The trial court should have given defendant’s motion for appropriate relief more than summary consideration.

Read More »

Criminal Practice – Aggravated Felony Serious Injury by Vehicle – Impairment – Marijuana – Constitutional – Ineffective Assistance Claim (access required)

State v. Parks Since defense counsel vigorously cross-examined prosecution witnesses on the very points defendant now claims a toxicology expert might have highlighted for the jury, and since we give great deference to trial counsel regarding what witnesses to call, we hold that defendant’s speculation fails to establish that defense counsel provided ineffective assistance.

Read More »

Criminal Practice – Constitutional – Ineffective Assistance Claim – Guilty Plea – Immigration Consequences – Padilla – No Retroactive Application (access required)

State v. Alshaif Although Padilla v. Kentucky, 176 L. Ed. 2d 284 (2010), held that a criminal defense attorney must inform his client of any immigration consequences of a guilty plea, that was not the rule at the time defense counsel in this case advised defendant to plead guilty to assault with a deadly weapon inflicting serious injury.

Read More »

Criminal Practice – Habeas Corpus – Writ Reversed – N.C. Death-Row Defendant – Constitutional – Ineffective Assistance Claim — Brady Evidence – Mental Retardation (access required)

Richardson v. Branker The 4th Circuit reverses a district court’s issuance of a habeas writ to a North Carolina death-row defendant, as the proper review by the federal court indicates the conviction cannot be overturned for the claimed errors of ineffective assistance of counsel, withholding of exculpatory evidence or proof of petitioner’s mental retardation.

Read More »

Criminal Practice – Assault with a Deadly Weapon on a Government Official – Motor Vehicle – No Lesser Included Offense – Ineffective Assistance Claim (access required)

State v. Spencer Officer Battle testified that, as he approached defendant’s vehicle after a high-speed chase, defendant’s vehicle started “coming towards me at a very fast pace,” “as the vehicle was coming towards me, I step[ped] out of the way,” “the vehicle started to head towards me and at that point I jumped back, jumped maybe eight or nine feet,” and “I knew ... [defendant] had gained traction and he was accelerating back on the road. Due to my closeness of myself and his vehicle, at that point I felt like my life was in danger.”

Read More »

Criminal Practice – Attorney – Ineffective Assistance Claim – Failure to Move to Suppress – Investigative Stop – Reasonable Suspicion (access required)

State v. Brown Contrary to defendant’s argument on appeal, it was not ineffective assistance of counsel when defense counsel failed to move to suppress the gun seized from defendant during an investigatory stop by police. The motion would not have been granted because, under the circumstances, the officers had reasonable suspicion to stop defendant:

Read More »