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Tag Archives: ineffective assistance of counsel

Criminal Law: Conspiracy to Distribute-Sufficiency of Evidence-Ineffective Assistance of Counsel

Defendant appealed from his conviction for conspiracy to distribute a mixture and substance containing a detectible amount of cocaine. On appeal, defendant challenged several trial court rulings and argued that the trial court failed to instruct the jury properly. Defendant ...

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Criminal Law: Child Molestation-Ineffective Assistance of Counsel

Defendant pleaded guilty, in accordance with a plea agreement, to two counts of child molestation and was sentenced to two concurrent 10-year sentences. Defendant unsuccessfully filed a motion for post-conviction relief, alleging that he received ineffective assistance of counsel when ...

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Domestic Relations: Termination of Parental Rights-Ineffective Assistance of Counsel

On appeal from the trial court’s grant of the petition for adoption filed by the guardians of K.A.F., which effectively terminated father’s parental rights, father argued that his counsel failed to adequately communicate with him prior to trial, failed to ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel

Defendant filed a motion for post-conviction relief following his conviction for the homicide of his father. Following an evidentiary hearing, the trial court ruled that trial counsel failed to interview, investigate and subpoena a witness who could have provided testimony ...

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Criminal Law: §2255 Motion-Ineffective Assistance of Counsel-Failure to File Appeal

Defendant appealed the denial of his §2255 motion following an evidentiary hearing. On appeal, defendant argued that trial counsel was ineffective for failing to file a direct appeal and for failing to argue that defendant’s prior state drug convictions did ...

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Criminal Law: Habeas Corpus-Ineffective Assistance of Counsel-Death Penalty

Petitioner appealed the denial of his habeas petition, alleging that trial counsel was ineffective for failing to investigate and present mental health evidence and for giving the jury an expert report that included information that petitioner was on death row, ...

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Criminal Law: Discharging Firearm at Inhabited Structure-Ineffective Assistance of Counsel

Defendant was charged with knowingly discharging a firearm at an inhabitable structure. The state offered a plea deal to reduce his charge and impose a four-year sentence with no opportunity for probation. Wanting to seek probation, defendant rejected the offer ...

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Supreme Court creates path for juveniles to claim ineffective assistance

What began as a high school bomb-threat case in Missouri’s Bootheel has led to the Supreme Court’s creation on Aug. 13 of a mechanism by which juveniles can claim ineffective assistance of counsel. In the case of D.C.M., a minor ...

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Criminal Law: Ineffective Assistance of Counsel-Failure to Investigate and Call Witnesses

Defendant appealed the denial of his motion alleging ineffective assistance of counsel for trial counsel’s failure to call a corroborating witness and to fully investigate a note that provided clarity as to the target of defendant’s threatening statements. Where the ...

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Criminal Law: Illegal Reentry-Below-Guidelines Sentence-Ineffective Assistance of Counsel

Defendant appealed from his below-guidelines range sentence, imposed after he pleaded guilty to illegal reentry. On appeal, defendant argued that he received ineffective assistance of counsel and that his sentence was substantively unreasonable. Where clams of ineffective assistance of counsel ...

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