SUBSTITUTE COUNSEL based on not seemingly substantial complaints properly denied without hearing… murder/attempted murder convictions affirmed… H. Brown affirmed. [Read more…]
Attempted deliberate homicide, juror challenge
ATTEMPTED DELIBERATE HOMICIDE: Counsel not ineffective for retaining panelist who stated that he would not hesitate to shoot an abuser since counsel wanted jurors comfortable with use of firearms in self-defense… Cuffe affirmed (memorandum). [Read more…]
Stalking, prison inmate’s letters
STALKING: Despite erroneous omission of instruction defining “purposely” and “knowingly,” jury had compelling evidence that prison inmate’s letters would cause recipient to fear for her safety or suffer emotional distress… conviction affirmed… Manley affirmed (IOR I-3(c)). [Read more…]
Drugs, stop of person in vicinity of stolen vehicle
DRUGS: Sufficient particularized suspicion to stop person walking in vicinity of stolen vehicle… Menahan affirmed (IOR I-3(c)). [Read more…]
Plea bargain, Judge involvement in offer
PLEA BARGAIN: Ineffective assistance not established by failure to object to Judge McCarter urging Defendant in 2009 to accept plea offer, which Defendant now contends impermissibly coerced him into accepting offer and pleading nolo to assault with weapon and felony burglary when he really wanted to go to trial on attempted deliberate homicide and aggravated burglary. . . postconviction petition properly denied. . . Reynolds affirmed (IOR I-3(c)). [Read more…]
Ineffective assistance, intimidation/tampering
IAC claims by intimidation/tampering Defendant properly denied… Langton affirmed. [Read more…]
Ineffective assistance, “revolving door” of attorneys
INEFFECTIVE ASSISTANCE claims of “revolving door” of OPD attorneys, failure to present evidence of murder victim’s history of violence, failure to prepare Defendant for testifying properly rejected… Neill affirmed. [Read more…]
Vindictive prosecution
VINDICTIVE PROSECUTION claim properly rejected… Larson/Townsend affirmed. [Read more…]
Aggravated assault, jury, transaction rule
AGGRAVATED ASSAULT/ASSAULT WITH WEAPON: Challenges to jury selection, refusal to declare mistrial, and evidence admitted under transaction rule rejected… convictions affirmed… Deschamps affirmed (IOR I-3(d)). [Read more…]
Sexual assault, vouching, multiple fathers
SEXUAL ASSAULT: Plain error review declined for claim of prosecutorial vouching… although Judge should have been more circumspect about bringing attention to background of mother who supported Defendant, his clarification of children’s multiple fathers did not call into question mother’s morality or impugn her testimony… conviction affirmed… Langton affirmed. [Read more…]