State v. Jerry Lee Carson, 2012AP2616-CR, District 1, 9/17/13; court of appeals decision (not recommended for publication); case activity Ineffective assistance of trial counsel Carson, convicted of second degree recklessly endangering safety, claimed his trial lawyer was ineffective on various grounds. The court of appeals holds counsel was not ineffective for failing to: Demand a… Read more
3. Harsh and excessive
State v. Daniel Buchanan, 2011AP830-CR, District 1, 10/30/12 court of appeals decision (not recommended for publication); case activity Hearsay – Prior Consistent Statement, § 908.01(4)(a)2 The prior-consistent statement rule allows substantive admissibility of an out-of-court statement if: “(1) the declarant testifies at trial and is subject to cross-examination concerning the statement; (2) the statement is consistent with the declarant’s… Read more
Evan Miller v. Alabama, USSC No. 10-9646 / Kuntrell Jackson v. Hobbs, No. 10-9647, 6/25/12, reversing 63 So. 3d 676 (Ala. Crim. App. 2010) The two 14-year-old offenders in these cases were convicted of murder and sentenced to life imprisonment without the possibility of parole. In neither case did the sentencing authority have any discretion to… Read more
State v. Dwain M. Staten, 2011AP916-CR, District 1, 5/8/12 court of appeals decision (not recommended for publication); for Staten: Michael J. Steinle; case activity Postconviction DNA Testing, § 974.07 Postconviction testing at state expense requires, among other things, that the defendant show a reasonable probability he wouldn’t have been prosecuted or convicted with exculpatory test results. Staten… Read more
State v. Thaying Lor, 2011AP2019-CR, District 1, 5/1/12 court of appeals decision (not recommended for publication); for Lor: Benjamin F. Gallagher; case activity Effective Assistance of Counsel Counsel did not provide ineffective representation in the following respects: Failure to timely file motion seeking admission of complainant’s prior untruthful allegation of sexual assault. However, Lor did… Read more
Miller: SCOTUSblog page; consolidated with Jackson: SCOTUSblog page Question Presented (from SCOTUSblog): Whether imposing a sentence of life without possibility of parole on an offender who was fourteen at the time he committed capital murder constitutes cruel and unusual punishment in violation of the Eighth Amendment. Sound at least vaguely familiar? It should: our supreme court resolved… Read more
State v. Aaron Deal, 2010AP1804-CR, District 1, 9/20/11 court of appeals decision (not recommended for publication); for Deal: James A. Rebholz; case activity Counsel’s refusal to argue to the jury that it should return a guilty verdict on felony murder, submitted as a lesser offense option of first-degree intentional homicide, wasn’t deficient in light of… Read more
State v. Burt Terrell Johnson, Jr., 2010AP2654-CR, District 1, 9/13/11 court of appeals decision (not recommended for publication); for Johnson: Sara Heinemann Roemaat; case activity Counsel did not perform deficiently. Decision not to make opening statement was reasonable strategy, given that the defense didn’t plan to call any witnesses but instead intended “to put the State to its… Read more
