INEFFECTIVE ASSISTANCE: Postconviction counsel challenging his own trial performance raises ethical questions that should be addressed at outset… claims properly rejected for lack of showing of prejudice by incest Defendant… Sherlock affirmed. [Read more…]
Endangerment/assault, double jeopardy, prison
ENDANGERMENT/ASSAULT: Double jeopardy not implicated by endangerment and lesser-included assault convictions… criteria for prison alternatives addressed, so not ineffective assistance to not formally invoke statute… Lympus affirmed. [Read more…]
Sentencing, bank fraud, same term on remand
SENTENCING: Defendant not entitled to presumption of vindictiveness in same total sentence for bank fraud after 2 counts overturned on appeal and no longer a mandatory 24 months consecutive for aggravated identity theft, since [Read more…]
Criminal endangerment, sex treatment, withdrawal
CRIMINAL ENDANGERMENT: Plea withdrawal properly denied… endangerment elements satisfied… ineffective assistance claim of failure to advise of sex treatment recommendation properly [Read more…]
Ineffective assistance, hymen scar expert
INEFFECTIVE ASSISTANCE not established by failure to consult rebuttal expert as to scar on teen’s hymen, anticipate/object to other bad acts, not request Mazurek hearing to introduce prior alleged false allegation of sex abuse…. no prejudice by not appealing refusal to dismiss juror for cause… postconviction petition by incest/ SIWC Defendant properly [Read more…]
Incest, child witness audio-visual testimony
INCEST: Provisions for 6-year-old witness to testify via audio-visual constitutional, properly applied… 4-year-old properly [Read more…]
Ineffective assistance, child sex abuse
INEFFECTIVE ASSISTANCE: Trial claims rejected as to employment of psychologist to show coaching of child sex abuse [Read more…]
Vindictive prosecution, threat following mistrial
VINDICTIVE PROSECUTION: Threat of 4-fold increase in punishment by charging assault with weapon following [Read more…]
Juvenile, prior juvenile sex assault adjudication
JUVENILE: Prior juvenile adjudication for sexual assault properly admitted in trial for sexual assault… Haddon affirmed (unpublished). [Read more…]
Ineffective assistance, incest Defendant
INEFFECTIVE ASSISTANCE claims by incest Defendant rejected… Sandefur affirmed.
Darryl Hamilton was convicted in 4/05 of 8 counts of felony incest of stepdaughter BH, 15 at the time of trial, and was sentenced by [Read more…]