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Tag Archives: ineffective assistance of counsel

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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Criminal Law: Interstate Kidnapping-Habeas Relief-Ineffective Assistance of Counsel

Defendant pleaded guilty to interstate kidnapping resulting in the victim’s death. Defendant was sentenced to death following the jury’s consideration of aggravating and mitigating factors. Defendant filed the present habeas petition to set aside his conviction and death sentence. On ...

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Criminal Law: Drug Offenses-Substantively Unreasonable Sentence-Ineffective Assistance of Counsel

Defendant appealed from his sentence imposed pursuant to written plea agreement. Defendant challenged his sentence as substantively unreasonable, arguing that he did not understand the consequences of his guilty plea, that his plea agreement was breached and that he received ...

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Criminal: Motion to Vacate Sentence-Ineffective Assistance of Counsel-Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness for failing to advise plaintiff of the consequences of testifying at a pretrial-release revocation hearing ...

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Criminal: Habeas Petition-Ineffective Assistance of Counsel-Advising Not to Testify in Defense

Plaintiff filed a habeas petition alleging ineffective assistance of trial counsel, who purportedly dissuaded plaintiff from testifying in his own defense in his rape trial, after trial counsel’s cross-examination revealed inconsistencies in the victim’s testimony. The Arkansas state court rejected ...

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Criminal Law: Unlawful Use of Identification Documents-Ineffective Assistance of Counsel-Failure to Advise of Immigration Consequences of Plea

Defendant, a citizen of Guatemala, pleaded guilty to unlawful use of identification documents after he used false Social Security and permanent-resident cards to complete an I-9 form. On appeal, defendant argued that his counsel was ineffective for failing to advise ...

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Criminal Law: Motion to Vacate Sentence- Ineffective Assistance of Counsel- Failure to Advise of Consequences of Testifying

Plaintiff, convicted of bank fraud and aggravated identity theft, appealed the denial of his motion to vacate his sentence, based on his counsel’s alleged ineffectiveness. Where the oath he swore before he testified at pre-trial release hearing already made clear ...

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Criminal Law:Identity-Theft-Use of Access Device-Ineffective Assistance of Counsel

Defendant pleaded guilty to various identity-theft offenses. At sentencing, the district court concluded defendant’s advisory guidelines range on three grouped offenses was 27 to 33 months. Defendant appealed, challenging the 27-month component of her sentence and arguing that counsel was ...

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Criminal Law: Post-Conviction relief- Guilty plea- Ineffective assistance of counsel

Petitioner moved for post-conviction relief, following his guilty plea to unlawful use of a weapon, unlawful possession of a firearm, possession of controlled substances, and resisting arrest. At the plea hearing, petitioner admitted to the facts alleged by the prosecution ...

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Elections: Initiative Petition- Extraordinary Circumstances- Ineffective Assistance of Counsel

The parties cross-appealed from the circuit court’s judgment, which accepted two challenges plaintiffs levied against the validity of an initiative petition to amend Article III of the Missouri Constitution and rejected the other challenges. Plaintiffs successfully argued that the petition ...

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