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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Thompson v. Jones

Petitioner appeals an order from the Family Court of Otsego County, entered March 12, 1997, which granted respondent physical custody of their child, found petitioner in willful violation of a prior visitation order, sentenced her to 10 days in jail, and dismissed her family offense petition alleging child sexual abuse. Petitioner argued ineffective assistance of counsel, claiming her assigned attorney sent a substitute, Kelly Eckmair, without notice on the second day of the hearing, and Eckmair failed to call critical witnesses. The Appellate Division disagreed, finding Eckmair was well-prepared, conducted adequate examinations and objections, and that petitioner received reasonably competent and meaningful representation. The Appellate Division affirmed the Family Court's order.

Child CustodyVisitation RightsFamily OffenseSexual Abuse AllegationsIneffective Assistance of CounselAppellate ReviewFamily Court ActLegal RepresentationProcedural Due ProcessWitness Testimony
References
5
Case No. MISSING
Regular Panel Decision

The People v. Howard S. Wright

This dissenting opinion argues against the majority's decision to reverse a conviction and order a new trial, which was based on the finding that the defendant was deprived of effective assistance of counsel. The dissent contends that the defense counsel provided meaningful representation when viewed in totality, despite not objecting to certain prosecutorial statements during summation. The opinion highlights the defense counsel's effective cross-examination of the DNA expert, who conceded limitations in the YSTR DNA evidence, and the jury's acquittals on rape and felony murder charges. The dissent further argues that the prosecutor did not misrepresent the DNA evidence, but rather presented it as one piece of a larger circumstantial case, urging the jury to consider all evidence. It differentiates this case from instances of clear ineffective assistance of counsel, asserting that the alleged single error by defense counsel during summation does not warrant a reversal.

Effective Assistance of CounselIneffective Assistance of CounselProsecutorial MisconductSummationDNA EvidenceYSTR TestingForensic DNACriminal AppealDissenting OpinionMurder Conviction
References
7
Case No. 620/89
Regular Panel Decision
Feb 15, 1990

People v. Brunskill

The defendant appealed a judgment convicting him of two counts of criminal sale of a controlled substance in the third degree. The defendant argued that he was deprived of effective assistance of counsel due to various alleged failures of his trial attorney. The court reviewed the trial tactics, noting that counsel called alibi witnesses and cross-examined prosecution witnesses. The court found that the defendant received effective assistance of counsel, concluding that unsuccessful tactics do not automatically indicate ineffectiveness. The judgment was affirmed, and the aggregate maximum term of imprisonment was deemed 30 years and the minimum 15 years, in accordance with Penal Law § 70.30 (1) (c) (i).

Criminal LawControlled SubstancesIneffective Assistance of CounselAlibi DefenseAppellate ReviewSentencing GuidelinesTrial TacticsCriminal ProcedureJury VerdictJudicial Review
References
8
Case No. MISSING
Regular Panel Decision

Simmons v. Traughber

Cornelia Simmons, a former laborer for Occidental Chemical Corporation, was denied unemployment benefits after being terminated for tardiness and absenteeism. She appealed the denial, arguing that the Department of Employment Security's notice about her right to counsel was inadequate because it failed to mention the availability of free or low-cost legal representation. The Supreme Court affirmed the Court of Appeals' decision, holding that the deficient notice violated Simmons's statutory right to a fair hearing. The Court found Simmons was prejudiced by the lack of counsel, especially given the adversarial nature of the hearing and her inability to effectively present her case or object to hearsay evidence. Consequently, the case was remanded for a new hearing, and the Court mandated that future notices must inform claimants of potential free or low-cost legal assistance.

Unemployment BenefitsRight to CounselDue ProcessFair HearingStatutory RightsPrejudiceNotice RequirementsPublic PolicyEmployment Security LawWorker's Rights
References
6
Case No. W2016-00222-CCA-R3-PC
Regular Panel Decision
Nov 30, 2016

Christopher Cunningham v. State of Tennessee

The petitioner, Christopher Cunningham, appealed the denial of his post-conviction relief petition, alleging ineffective assistance of counsel and double jeopardy violations for his aggravated robbery convictions. The post-conviction court found counsel provided effective assistance. On appeal, the Court of Criminal Appeals of Tennessee affirmed the lower court's judgment. The appellate court concluded the petitioner failed to demonstrate prejudice from counsel's performance and that the double jeopardy claim was meritless, as Tennessee law considers the number of takings, not victims, for robbery prosecution.

Post-Conviction ReliefIneffective Assistance of CounselDouble JeopardyAggravated RobberyCriminal AppealConsecutive SentencesAlibi WitnessCharacter WitnessWaiver of RightsPlea Bargain
References
20
Case No. MISSING
Regular Panel Decision

People v. Van Wie

Defendant appealed an order from Herkimer County Court that denied his CPL article 440 motion to vacate a judgment of conviction. He had been convicted upon a guilty plea to insurance fraud in the fifth degree, related to receiving Workers’ Compensation Board benefits. Defendant argued that he was deprived of effective assistance of counsel, who allegedly advised him that he had no defense despite the indictment's lack of merit. The appellate court found defendant's motion to be detailed, well-supported, and uncontested by the People, establishing ineffective assistance of counsel. The court concluded that counsel failed to provide meaningful representation by advising a guilty plea to an unmeritorious charge without proper investigation or legal research. Therefore, the order was unanimously reversed, the judgment of conviction vacated, and the matter remitted to Herkimer County Court for further proceedings.

Ineffective Assistance of CounselCPL Article 440 MotionVacatur of JudgmentInsurance FraudWorkers' Compensation BenefitsGuilty PleaCriminal AppealHerkimer County CourtAppellate DivisionMemorandum Decision
References
4
Case No. 01-12-00581-CV
Regular Panel Decision
Oct 24, 2013

Newspaper Holdings, Inc., Integracare of Texas, LLC, and Charlotte Patterson v. Crazy Hotel Assisted Living, LTD, Crazy Hotel Assisted Living GP, LLC, Leisure Life Senior Apartment Housing II, LTD, and Charles v. Miller, Jr.

This case is an appeal from the denial of motions to dismiss a defamation, business disparagement, and tortious interference lawsuit. Appellants, Newspaper Holdings, Inc., IntegraCare of Texas, LLC, and Charlotte Patterson, published articles detailing regulatory issues and investigations at Crazy Hotel Assisted Living facility and its owner, Charles Miller. They sought dismissal under the Texas Citizens’ Participation Act (TCPA), asserting their communications were protected free speech on matters of public concern. The appellate court found it had jurisdiction, reversed the trial court's decision, holding that Appellants met the TCPA burden, and that Appellees failed to provide prima facie evidence for their claims. The court also determined the commercial speech exemption to the TCPA did not apply, remanding the case for dismissal.

DefamationBusiness DisparagementTortious InterferenceTexas Citizens' Participation Act (TCPA)Free SpeechPublic ConcernAssisted Living FacilityElder AbuseMedicaid Fraud ProbeNewspaper Articles
References
29
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. E2008-02146-CCA-R3-PD
Regular Panel Decision
Apr 29, 2011

Dennis Wade Suttles v. State of Tennessee

Dennis Wade Suttles appeals the denial of his petition for post-conviction relief in a case where he was convicted of premeditated first-degree murder and sentenced to death. The appeal challenges the effectiveness of his trial and appellate counsel, as well as the constitutionality of the death penalty. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment, finding that Suttles received effective assistance of counsel and that his challenges to the death penalty were without merit. The original conviction stemmed from the 1996 murder of his estranged girlfriend, Gail Rhodes, in front of her daughter, after which he was sentenced to death based on two aggravating circumstances.

Ineffective Assistance of CounselPost-Conviction ReliefPremeditated MurderDeath PenaltyMental StateNeuropsychological EvaluationSentencingMitigating EvidenceTrial StrategyExpert Testimony
References
47
Case No. M1999-00516-CCA-R3-PD
Regular Panel Decision
Oct 20, 2000

Henry Eugene Hodges v. State

The appellant, Henry Eugene Hodges, appealed the Davidson County Criminal Court's denial of his petition for post-conviction relief from his 1992 first-degree murder conviction and death sentence. The appeal raised issues concerning the effectiveness of trial counsel, the post-conviction court's failure to provide funds for expert services, and the denial of a continuance. The court concluded that the appellant was not denied effective assistance of counsel, the denial of funds for additional expert services was proper, and the denial of a continuance for the evidentiary hearing was appropriate. Consequently, the court affirmed the post-conviction court's finding that the appellant is not entitled to post-conviction relief.

Post-conviction reliefIneffective assistance of counselDeath penaltyCapital murderGuilty pleaLigature strangulationMedical expert testimonyMitigation evidenceExpert services fundingAppellate procedure
References
86
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