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Tag Archives: ineffective assistance of counsel

Criminal Law: Sexual Assault-Motion to Set Aside Conviction-Ineffective Assistance of Counsel

Defendant unsuccessfully moved to set aside his conviction for forcible rape and sodomy of three of his adopted children, arguing that trial and appellate counsel were ineffective for failing to call defendant’s older daughter as a witness, failing to object ...

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Criminal Law: Robbery-Motion to Vacate Conviction-Ineffective Assistance of Counsel

  Defendant pled guilty to robbery. Thereafter, defendant moved to vacate his conviction, alleging his counsel was ineffective for misadvising defendant about the immigration consequences of a guilty plea. The district court denied defendant’s motion without an evidentiary hearing. Where ...

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Criminal Law: Appeal Waiver-Ineffective Assistance of Counsel-Substantive Reasonableness of Sentence

Defendant appealed from his guilty plea to drug and firearm offenses, pursuant to a plea agreement that contained an appeal waiver. On appeal, appellate counsel’s Anders brief raised questions of trial counsel’s ineffectiveness for failing to object to Guidelines enhancements ...

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Criminal Law: Committing Violence against an Inmate-Post-Conviction-Ineffective Assistance of Counsel

Defendant appealed from the judgment denying his Rule 29.15 motion, after he was convicted of committing violence against a fellow inmate. Defendant argued that the trial court erred in denying him post-conviction relief based on trial counsel’s ineffectiveness for failing ...

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Criminal Law: Domestic Assault-Ineffective Assistance of Counsel-Advising Not to Testify in Own Defense

  Defendant was convicted of unlawful use of a weapon and third-degree domestic assault after he assaulted his paramour at her home during a period of several days. On appeal, defendant argued that counsel was ineffective for advising him not ...

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

  Defendant was convicted of involuntary manslaughter as a lesser included offense. Defendant unsuccessfully moved for post-conviction relief, raising five points asserting ineffective assistance of trial and direct appellate counsel. Where appellate counsel failed to argue that the trial court ...

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Criminal Law: Kidnapping-§2255 Motion-Ineffective Assistance of Counsel

  Petitioner was convicted of kidnapping and sentenced to imprisonment for 36 months. Plaintiff filed the present §2255 motion, claiming ineffective assistance of counsel based on trial counsel’s alleged failure to impeach the accuser’s credibility. The district court denied petitioner’s ...

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Civil Rights: Revocation of Supervised Release-Imprisonment-Ineffective Assistance of Counsel

  Defendant appealed from the revocation of his supervised release and the district court’s imposition of a guidelines-range term of imprisonment. Among other issues, defendant alleged that he received ineffective assistance of counsel at his revocation hearing. Where defendant could ...

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

  Defendant pleaded guilty to two counts of forgery pursuant in exchange for a suspended sentence and supervised probation. When defendant failed to complete a court-ordered detention sentence program after he violated probation, the court imposed the original sentence. Defendant ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Failure to Object

  Petitioner was charged with kidnapping and related offenses and ultimately found guilty of kidnapping and domestic assault. Petitioner filed the present petition for post-conviction relief, asserting ineffective assistance of counsel for trial counsel’s failure to object during the state’s ...

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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Categorically Unreasonable Strategic Decisions

Movant, serving five concurrent prison terms for various sex crimes, moved for post-conviction relief alleging ineffective assistance of trial counsel, who chose to make a unitary rather than offense-specific defense that all three victims were lying and failed to request ...

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