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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

Sasser v. Kelley

Petitioner Andrew Sasser, convicted of capital murder, sought federal habeas corpus relief due to ineffective assistance of counsel during his sentencing phase. The Eighth Circuit Court of Appeals remanded the case, requiring a determination of whether Sasser was ineligible for the death penalty due to intellectual disability (an Atkins claim) and consideration of four claims of ineffective assistance of counsel. This Court focused on three ineffective assistance claims: failure to prepare for the sentencing phase, failure to obtain a timely psychological evaluation, and failure to meaningfully consult with a mental health professional. The Court found that trial counsel's failure to conduct a thorough investigation, timely obtain a psychological evaluation, and meaningfully consult with a qualified mental health professional constituted ineffective assistance. Consequently, postconviction counsel's failure to raise these claims was also deemed ineffective, excusing procedural default. The petition for habeas corpus relief was granted.

Ineffective assistance of counselHabeas corpusDeath penaltyIntellectual disabilityProcedural defaultAtkins claimSentencing phaseMitigation evidencePsychological evaluationMental health expert
References
26
Case No. M2005-02959-CCA-R3-PD
Regular Panel Decision
Jul 07, 2008

Derrick Quintero and William Eugene Hall, Jr. v. State of Tennessee

The appellants, Derrick Quintero and William Eugene Hall, Jr., appealed the denial of their pro se post-conviction petitions and joint petitions for writ of error coram nobis. They were originally convicted of multiple counts of murder and burglary, receiving the death penalty for one murder and a life sentence for another. The petitions alleged constitutional violations including ineffective assistance of counsel and newly discovered evidence from fellow inmates claiming another escapee, Blanton, confessed to acting alone in the murders. The trial court denied relief, finding the new evidence lacked veracity and the claims of ineffective assistance of counsel unsubstantiated or harmless. The Court of Criminal Appeals of Tennessee affirmed the judgments, finding no abuse of discretion in denying coram nobis relief and no sufficient proof of ineffective assistance of counsel.

Criminal AppealsPost-Conviction ReliefDeath PenaltyMurderBurglaryLarcenyIneffective Assistance of CounselAlibi DefenseNewly Discovered EvidenceWrit of Error Coram Nobis
References
66
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

Graff v. United States

Vincent Graff, convicted of bank fraud in 1996, filed a motion under 28 U.S.C. § 2255 seeking to vacate, set aside, or correct his sentence. His claims included ineffective assistance of trial counsel, insufficient evidence, improper sentencing, and ineffective assistance of appellate counsel. District Judge Spatt denied the motion, ruling that most claims were procedurally barred as they had been previously addressed on direct appeal. The claim regarding ineffective appellate counsel was reviewed on its merits but was also denied, as Graff failed to demonstrate deficient performance or resulting prejudice. The court granted Graff's request to proceed in forma pauperis but denied his other requests for discovery materials, an evidentiary hearing, and appointed counsel, finding his claims lacked merit. A certificate of appealability was also denied.

Bank Fraud28 U.S.C. § 2255Ineffective Assistance of CounselAppellate CounselSentencing GuidelinesProcedural BarHabeas CorpusSufficiency of EvidenceSupervised ReleaseRestitution
References
25
Case No. 01C01-9709-CC-00384
Regular Panel Decision
Jul 21, 1999

Richard C. Taylor v. State

The State of Tennessee appealed the Williamson County Circuit Court's grant of post-conviction relief to Richard C. Taylor, which set aside his first-degree murder conviction and death sentence. The relief was granted due to ineffective assistance of counsel during both the guilt and sentencing phases of his 1984 trial. The state argued that the trial court applied an incorrect legal standard for prejudice and that the evidence did not support the finding of ineffective assistance. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment, concluding that the evidence supported the finding that Taylor received constitutionally ineffective assistance of counsel.

Ineffective Assistance of CounselPost-Conviction ReliefFirst Degree MurderDeath PenaltyMental CompetencyBorderline Personality DisorderAntisocial Personality DisorderPsychosisSentencing PhaseGuilt Phase
References
27
Case No. Dkt. # 1, 41
Regular Panel Decision

Walker v. Poole

Petitioner Frederick Walker filed a habeas corpus petition challenging his 2000 conviction for robbery and assault in Monroe County. He alleged improper show-up identification procedures and ineffective assistance of appellate counsel. The court addressed four grounds: the suggestiveness of two show-up procedures, insufficient evidence for attempted robbery, and multiple claims of ineffective assistance of appellate counsel. The court denied the claim regarding the second show-up on the merits, found the claims concerning the first show-up and evidentiary sufficiency to be procedurally defaulted, and dismissed the ineffective assistance claims for lack of deficient performance or prejudice. Consequently, Walker's request for a writ of habeas corpus was denied and his petitions dismissed.

Habeas CorpusIneffective Assistance of CounselShow-up IdentificationDue ProcessRobberyAssaultAttempted RobberyProcedural DefaultExhaustion of State RemediesState Conviction Challenge
References
44
Case No. MISSING
Regular Panel Decision

Wilcoxson v. State

Bobby R. Wilcoxson, convicted of first-degree murder in 1986, appealed the denial of his post-conviction relief from conviction after his death sentence was reversed due to ineffective assistance of counsel. The core of his appeal alleged ineffective assistance of counsel during the guilt/innocence phase, primarily for failing to investigate his mental competency and the feasibility of an insanity or diminished capacity defense. Evidence presented included his extensive history of mental illness diagnoses (schizophrenia, bipolar disorder) and disruptive prison behavior, but his trial attorneys argued he was competent and actively involved in his defense. The appellate court affirmed the post-conviction court's judgment, finding counsel deficient for not requesting a psychological examination given the evidence, but ultimately concluded Wilcoxson failed to prove he was actually incompetent or prejudiced by counsel's decisions.

Ineffective Assistance of CounselPost-Conviction ReliefMental CompetencyInsanity DefenseDiminished CapacityPsychiatric EvaluationAppellate ReviewFirst Degree MurderDeath Sentence ReversalProcedural Due Process
References
116
Case No. S2 92 Cr. 530 (JES)
Regular Panel Decision

Riza v. United States

Shamsuddin Riza, acting pro se, filed a 28 U.S.C. § 2255 petition seeking to vacate or reduce his sentence, claiming ineffective assistance of counsel. Riza alleged his counsel failed to object to sentence enhancements stipulated in his plea agreement and to inaccuracies in his presentence investigation report (PSR). The District Court found Riza's petition procedurally barred because he knowingly waived his right to appeal a sentence within the Guidelines range and failed to establish cause or actual prejudice. Furthermore, the Court determined that Riza's ineffective assistance claim lacked merit as counsel was not obligated to file a frivolous appeal and the double counting argument regarding sentence enhancements was legally untenable. The Court also addressed Riza's claims regarding PSR inaccuracies and counsel's failure to object, concluding they did not rise to a constitutional level. Ultimately, the petition was dismissed, but the Court ordered the October 14, 1993 sentencing transcript to be appended to Riza's PSR to correct a ministerial error.

Ineffective Assistance of Counsel28 U.S.C. § 2255 PetitionHabeas CorpusSentencing EnhancementsPlea Agreement WaiverProcedural BarActual PrejudiceCause and PrejudicePresentence Investigation Report (PSR)Double Counting (Sentencing)
References
38
Case No. MISSING
Regular Panel Decision

Martin v. Martin

The father appealed two Family Court orders concerning child support modification and counsel fees. The father sought to modify his child support obligation due to business collapse, illness, and an alleged agreement with the mother to provide childcare in lieu of payments. The mother sought a finding of willful violation. The Support Magistrate dismissed the father's petitions and found willful violation, which the Family Court affirmed. On appeal, the Court found the father received ineffective assistance of counsel due to his attorney's failure to introduce crucial medical evidence and ensure a key witness's presence, which prejudiced his case. Therefore, the appellate court modified the December 29, 2005 order, reversed the October 26, 2006 order, remitted for a new trial on the modification and violation petitions, and denied counsel fees.

Ineffective Assistance of CounselChild SupportModification of Support OrderWillful ViolationAdjournment DenialEvidence AdmissibilityMedical RecordsTherapist TestimonyIncarcerationFamily Law
References
9
Case No. 14-11-00204-CR
Regular Panel Decision
May 08, 2012

Larry Darnell West v. State

Larry Darnell West appealed his sexual assault conviction, alleging ineffective assistance of counsel and trial court errors. West claimed the trial court erred by excluding evidence of a civil lawsuit filed by the complainant, admitting testimony from a rebuttal witness, and overruling objections to the prosecutor's "sexual predator" characterization. The appellate court found no abuse of discretion in the trial court's rulings on evidence or jury argument, and determined that West failed to prove ineffective assistance of counsel, as the trial counsel's actions were considered sound trial strategy or lacked a showing of prejudice. The court affirmed the trial court's judgment.

Ineffective Assistance of CounselSexual AssaultExclusion of EvidenceRebuttal WitnessJury ArgumentPrior ConvictionsAppellate ProcedureTrial StrategyAbuse of DiscretionCriminal Law
References
40
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