New York State Court of Appeals Ineffective Assistance of Counsel Prosecutorial Misconduct – Failure to Object People v. Wright No. 109 Judge Rivera Background: At issue is whether defense counsel provided was ineffective in his representation of the defendant. The ...

Tagged with: Ineffective Assistance of Counsel New York State Court of Appeals

New York State Court of Appeals Ineffective Assistance of Counsel Conflict of Interest – Attorney’s Comment on his Performance People v. Washington No. 110 Memorandum Background: The defendant was arrested in connection with a gunpoint robbery. Before the trial, he ...

Tagged with: Ineffective Assistance of Counsel New York State Court of Appeals

New York State Court of Appeals Ineffective Assistance of Counsel Lack of Record — Prior Bad Acts — Defendant’s Journal People v. Cortez No. 225 Judge Lippman Background: The defendant was convicted of murdering his former girlfriend following a jury ...

Tagged with: Ineffective Assistance of Counsel New York State Court of Appeals

New York State Court of Appeals Ineffective Assistance of Counsel Display of a Firearm — Vigorous Defense People v. Stanley; People v. Howard No. 190 & 189 Judge Read Background: Both defendants were convicted for robbery. One of the weapons used ...

Tagged with: Ineffective Assistance of Counsel New York State Court of Appeals

New York State Court of Appeals Ineffective Assistance of Counsel Peremptory Challenge People v. Thompson No. 144 Judge Smith Background: The defendant was charged with murder for shooting his girlfriend. During voir dire, a juror volunteered that he had been a ...

Tagged with: Ineffective Assistance of Counsel New York State Court of Appeals

U.S. Court of Appeals for the Second Circuit Ineffective Assistance of Counsel Coconspirator — Plea Options Cardoza v. Rock 12-0700-pr (L) Judges Sack, Hall and Livingston Background: The parties cross appeal on a judgment granting in part and denying in ...

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Appellate Division, Fourth Department Ineffective Assistance of Counsel Jury Instructions People v. Johnson KA 11-00484 Appealed from Oswego County Court Background: The defendant appealed the judgment convicting him of second-degree burglary, first-degree robbery, second-degree reckless endangerment and second-degree of endangering the ...

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Appellate Division, Fourth Department Ineffective Assistance of Counsel Improper Sentencing People v. Marshall KA 09-00168 Appealed from Monroe County Court Background: The defendant appealed the judgment convicting him of attempted assault on a police officer and second-degree attempted assault. The ...

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Appellate Division, Fourth Department Ineffective Assistance of Counsel Trial Error People v. Jackson KA 11-00929 Appealed from Ontario County Court Background: The defendant appealed his conviction of third-degree possession of a controlled substance. The defendant contended that he was denied ...

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New York State Court of Appeals  Ineffective Assistance of Counsel People v. Oathout No. 81 Judge Pigott Background: The defendant was convicted after a jury trial of one count of murder in the second degree. The defendant was represented by a ...

Tagged with: Ineffective Assistance of Counsel New York State Court of Appeals

Appellate Division, Fourth Department Ineffective Assistance of Counsel Insufficient Evidence People v. White KA 11-01222 Appealed from Ontario County Court Background: The defendant was convicted, upon a jury verdict, of third-degree criminal sale of controlled substance and third-degree criminal possession of ...

Tagged with: Appellate Division Fourth Department Ineffective Assistance of Counsel

U.S. District Court, WDNY Ineffective Assistance of Counsel Plea Bargaining — Constructive Amendment Stinson v. United States 08-cv-6041-cjs; 01-cr-6087-cjs Judge Siragusa Background: The petitioner sought an order to vacate, set aside, or correct his sentence. He was indicted with participating ...

Tagged with: Ineffective Assistance of Counsel U.S. District Court WDNY