Lee v. Clarke (Lawyers Weekly No. 15-01-0269, 33 pp.) (Gregory, J.) No. 13-7914, March 20, 2015; USDC at Richmond, Va. (Hudson, J.) 4th Cir. Holding: At defendant’s trial for the fatal stabbing of a man who purportedly provoked a fight ...

Tagged with: ineffective assistance

In re B.L.H. (Lawyers Weekly No. 15-07-0082, 19 pp.) (Mark Davis, J.) Appealed from Surry County District Court (Angela Puckett, J.) N.C. App. Holding: Where the only effort made by appointed counsel to contact respondent – who was in federal ...

Tagged with: ineffective assistance UCCJEA

U.S. v. Mason (Lawyers Weekly No. 001-007-15, 29 pp.) (Wilkinson, J.) No. 12-8042, Dec. 18, 2014; USDC at Columbia, S.C. (Currie, J.) 4th Cir. Holding: A split 4th Circuit panel denies post-conviction relief to a convicted drug dealer, who is ...

Tagged with: ineffective assistance

State v. Barksdale (Lawyers Weekly No. 14-07-1119, 19 pp.) (Richard Dietz, J.) Appealed from Guilford County Superior Court (Anderson Cromer, J.) N.C. App. Holding: Outside the presence of the jury, defense counsel told the trial court that, despite the strength ...

Tagged with: Double Jeopardy ineffective assistance

State v. Gerald : An assault victim’s brother, Eric Bullard, his wife Christy, and a deputy sheriff entered defendant’s locked, empty home without a warrant, and the deputy waited while the Bullards took pictures and collected “evidence” of the assault. When defense counsel failed to object to the admission of the pictures and evidence collected by the Bullards, counsel provided ineffective assistance. Defendant is entitled to a new trial.

Tagged with: ineffective assistance

State v. Surratt Defense counsel provided ineffective assistance when he failed to challenge a social worker’s testimony that gave the jury the incorrect impression that defendant’s children were removed from her home because of sexual abuse; they were actually removed based on neglect. Defendant is awarded a new trial.

Tagged with: Attorneys child abuse Criminal Practice evidence ineffective assistance

Tice v. Johnson. The 4th Circuit upholds a writ of habeas corpus for Derek Tice, one of the "Norfolk Four" convicted of the rape and murder of Michelle Bosko, and says the Supreme Court of . . .

Tagged with: Constitutional Criminal Practice habeas corpus ineffective assistance

State v. Clark. Rape is a crime of violence. When it is committed against one who is incapable of consenting, it is an aggravated offense and supports an order of lifetime satellite-based . . .

Tagged with: Admissible civil action Constitutional Criminal Practice evidence ineffective assistance Satellite-Based Monitoring

State v. Livengood. (Lawyers Weekly No. 10-07-0875, 8 pp.) (Sanford L. Steelman Jr., J.) Appealed from Rowan County Superior Court. (Richard L. Doughton, J.) N.C. App. Holding: On cross-examination, the state’s expert said the physical findings from the victim’s exam ...

Tagged with: assistance of counsel Criminal Practice Effective Assistance of Counsel expert witnesses ineffective assistance Rowan County Sexual Offense

U.S. v. Nicholson. (Lawyers Weekly No. 10-01-0649, 46 pp.) (King, J.) No. 08-6347, July 12, 2010; USDC at Norfolk, Va. (Morgan, J.) 4th Cir. Holding: The 4th Circuit earlier reversed the district court and said petitioner’s lawyer had an actual ...

Tagged with: conflict of interest Criminal Practice habeas corpus ineffective assistance