ineffective assistance of counsel elements

• State v. Norman, (Ohio 2009)

CRIMINAL LAW: indictment, mens rea, motion to suppress, plain error, probable cause, motion for new counsel, relevant, prejudicial, verdict form, aggravating elements, ineffective assistance of counsel, suppression hearing, sufficiency of the evidence

• Ohio Supreme Court

• State v. Clark, (Ohio 2010)

Appellant could not establish elements to show ineffective assistance of counsel on the basis that trial counsel did not file motion to suppress evidence from appellant's residence where appellant permitted police to enter the residence, police were lawfully in the area where evidence seized and admitted was in plain view.

• Ohio Supreme Court

• State v. Weber, (Ohio 2009)

Jury Instruction on Elements of Offense - Inducing Panic, Sufficiency of Evidence - Ineffective Assistance of Counsel - Right Allocation

• Ohio Supreme Court

• State v. Castile, (Ohio 2005)

Admission of tape-recorded statements made during a controlled drug buy; admission of confidential informant's statements made during the controlled drug buy; sufficiency of the evidence; manifest weight; ineffective assistance of counsel; alleging essential elements of crime in the indictment; instructing the jury on the element of knowingly.

• Ohio Supreme Court

• State v. McKinney, (Ohio 2008)

Criminal Law - mistrial not warranted when witness comments on polygraph. Criminal Law – Evidence – standoff with police as evidence of flight; gruesome photographs in capital case; DNA; BCI scientist as qualified to testify as expert; watching television crime shows as not evidence of bad character. Criminal Law – Constitutional – peremptory challenge to juror as not racially motivated under Batson v. Kentucky; prima facie showing of discrimination; race-neutral reasons; motion to defend oneself as not timely where made after trial begins; no due process violation where state does not knowingly use false evidence against defendant. Criminal Procedure – change of venue; fair and impartial trial; pretrial publicity. Criminal Law – Allied Offenses Lesser Included – when jury instructio...

...Defense counsel immediately objected and moved for a mistrial. Th... constitute a complete defense to all elements of the crime charged. State v. Nolton (1969), 19 ..."THE APPELLANT RECEIVED INEFFECTIVE ASSISTANCE OF COUNSEL IN VIOLATION OF HIS RIGHTS P...

• Ohio Supreme Court

• Luis A. Hernandez v. Florida Department of Corrections, (11th Cir. 2012)

... trial, the court asked Hernandez and his counsel whether they wanted jury instructions on any lesse..., and kidnaping, respectively), the elements of those offenses, and the meaning of various aggr... court, alleging multiple claims of ineffective assistance of counsel. In relevant part, Hernandez...

• Federal Circuits

• State v. Sims, (Ohio 2005)

C. 2911.12(A)(1)/BURGLARY - CRIM.R. 29(A)/MOTION FOR ACQUITTAL - R.C. 2929.01(DD)/REPEAT VIOLENT OFFENDER – DECEPTION – FORCE - INSUFFICIENT EVIDENCE - DISJUNCTIVE ELEMENTS - PLAIN ERROR - POST-ARREST SILENCE - INEFFECTIVE ASSISTANCE OF COUNSEL - EVID.R. 801(C)/HEARSAY - CLOSING ARGUMENT - IMPROPER STATEMENTS - REASONABLE PROBABILITY.

• Ohio Supreme Court

• State v. Hurd, (Ohio 2002)

CRIMINAL LAW-Crim.R. 29; motion for acquittal; close of evidence; waiver; indictment; precise times and dates; not fatal to prosecution. CRIMINAL LAW-manifest weight; precise times and dates; not essential elements of an offense. INEFFECTIVE ASSISTANCE OF COUNSEL-alibi defense; reasonable representation.

• Ohio Supreme Court

• U.S. v. Weeks, (10th Cir. 2011)

... and voluntary and was the result of ineffective assistance of counsel. We consolidated his direct ...Walz, will you please set forth the elements of the conspiracy charge, please. . ...

• Federal Circuits

• State v. Rode, (Ohio 2011)

JURISDICTION - territorial jurisdiction of municipal court. CRIMINAL LAW - trial court in its judgment finding defendant guilty is not required to make findings of fact regarding elements of crime charged; sufficiency/weight of evidence; inconsistencies in witnesses' testimony. INEFFECTIVE ASSISTANCE OF COUNSEL - counsel who does not assert issues in trial court that have no merit is not ineffective.

• Ohio Supreme Court