Tag Archives: ineffective assistance

Criminal Practice – PCR – Constitutional – Attorneys – Ineffective Assistance – No Prejudice (access required)

Goins v. State Even though plea counsel provided ineffective assistance in failing to properly advise defendant on the law regarding whether a motel owner can freely admit police into a rented room, defendant has failed to prove that this advice was his reason for electing not to go to trial and has thus failed to establish prejudice.

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Criminal Practice – Constitutional – Confrontation Clause – Attorneys – Ineffective Assistance – Guilt-Phase Cross-Examination – Now-Deceased Witness – New Trial (access required)

State v. Nance In a prior trial, defense counsel ineffectively executed a strategy of not contesting guilt and of mitigating defendant’s actions in an attempt to avoid the death penalty. We awarded a new trial, and the only eyewitness has now passed away. Defense counsel’s strategy in the original trial of not cross-examining the eyewitness was not ineffective, and, at defendant’s new trial, the late eyewitness’ testimony may be read to the jury without violating defendant’s rights under the Confrontation Clause. We reverse the trial court’s order granting defendant’s motion to suppress the eyewitness’ testimony from the original trial.

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Criminal Practice – Constitutional – Ineffective Assistance – Indictment – Conflicting Instructions – Homicide by Child Abuse (access required)

Bailey v. State The indictment alleged that petitioner killed the child-victim by striking him. During deliberations, the jury informed the court that it found no evidence that petitioner struck the child, and the jury asked about the "omission" part of "act or omission" in the homicide by child abuse statute. Petitioner received ineffective assistance of counsel when defense counsel did not object to the trial judge's supplemental instructions, which allowed the jury to convict petitioner for reasons different from those alleged in the indictment.

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