Please ensure Javascript is enabled for purposes of website accessibility

Tag Archives: Habeas Corpus

Ineffective assistance claims rejected

Where appellant claims in his habeas corpus petition that counsel provided ineffective assistance at trial, the circuit court correctly dismissed the petition with prejudice. Background Appellant Sullivan was arrested after a controlled drug buy that an informant facilitated. A jury ...

Read More »

Not presenting insanity defense was effective assistance

Defense counsel provided effective assistance by not asserting an insanity defense. Petitioner is denied habeas corpus relief. “Under Strickland v. Washington, 466 U.S. 668, 687 (1984), a petitioner must prove both that his counsel’s performance was deficient and that he ...

Read More »

Petition properly denied without evidentiary hearing

Where petitioner expressed satisfaction with counsel’s performance, pleaded “not guilty” and was convicted of marijuana and weapons offenses, the circuit court properly denied his habeas corpus petition based on ineffective assistance of counsel without holding an evidentiary hearing. Before trial ...

Read More »

Identical indictments did not violate double jeopardy rights

Appellant is not entitled to habeas corpus relief based on counsel’s failure to object at trial that appellant’s multiple convictions based on identical indictments violated his double jeopardy rights. Overview Appellant Dodd was convicted of three counts each of forcible ...

Read More »