Tag Archives: ineffective assistance

Domestic Relations — Parent & Child – Termination of Parental Rights – Attorneys – Ineffective Assistance – Civil Practice – Subject Matter Jurisdiction (access required)

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 ...

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Criminal Practice – Constitutional – Attorneys – Ineffective Assistance of Counsel – Search & Seizure (access required)

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.

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Criminal Practice – Attorneys – Ineffective Assistance – Evidence – Child Abuse (access required)

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.

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Criminal Practice – Satellite-Based Monitoring – Aggravated Offense – First-Degree Rape of a Child – Evidence – Inculpatory Statements – Not in Custody – Admissible – Constitutional – Ineffective Assistance – Civil Action (access required)

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 . . .

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Criminal Practice – Sexual Offense – Child Victim – Expert Witness – Effective Assistance of Counsel (access required)

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 ...

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Criminal Practice – Habeas Corpus – Ineffective Assistance – Conflict of Interest – Lawyer’s Other Client (access required)

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 ...

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