Justia Civil Rights Opinion Summaries

Douglas Kozich pled guilty to one count of grand larceny and two counts of obtaining money by false pretenses. After a sentencing hearing, the court issued two-year active sentences, running consecutively, for each of the three offenses. Kozich later filed a petition seeking a writ of habeas corpus. At an evidentiary hearing on the petition, Kozich’s habeas counsel contended that Kozich’s trial attorney had provided ineffective assistance of counsel by failing to present a specific drug-treatment plan at the sentencing hearing as an alternative to incarceration and by failing to file a timely motion to reconsider the sentence. The habeas court vacated the sentencing orders, concluding that the failure to file a timely motion to reconsider and to ensure that the court had an opportunity to rule on it constituted ineffective assistance, and Kozich was prejudiced. The Supreme Court affirmed, holding that trial counsel’s failure to file a timely motion to reconsider the sentences and to ensure that the trial court had an opportunity to rule on it was objectively unreasonable, and this omission demonstrated prejudice. View "Dir. of Dep’t of Corr. v. Kozich" on Justia Law

Defendant pleaded guilty to thirty-three counts of taking indecent liberties with a child. Defendant later filed an amended petition for a writ of habeas corpus alleging that he was deprived of his right to effective assistance of counsel because his counsel failed to “prosecute” his appeal. After a hearing, the circuit court dismissed the petition for writ of habeas corpus, ruling that counsel was not deficient for failing to file a petition for appeal on Defendant’s behalf. The Supreme Court affirmed, holding that the circuit court’s finding was not plainly wrong or unsupported by credible evidence. View "Velasquez-Lopez v. Clarke" on Justia Law

Defendant was charged with first-degree murder, maliciously shooting into an occupied vehicle, use of a firearm in the commission of a felony, and reckless handling of a firearm, a misdemeanor. After a trial on the misdemeanor charge and a preliminary hearing on the felonies, the general district court dismissed the misdemeanor reckless handling of a firearm charge and refused to certify Defendant’s felony charges to the circuit court for lack of probable cause. The Commonwealth subsequently obtained direct indictments charging Defendant with first-degree murder and attempted first-degree murder. After a jury trial, Defendant was convicted of the charges. The Court of Appeals reversed Defendant’s convictions and dismissed the indictments, holding that the Commonwealth was collaterally estopped from prosecuting Defendant for murder or attempted murder after Defendant’s acquittal of reckless handling of a firearm. The Supreme Court affirmed, holding that because Defendant’s misdemeanor acquittal and subsequent felony convictions were based on the same issue of ultimate fact, the felony convictions were barred by the prohibition of double jeopardy. View "Commonwealth v. Davis" on Justia Law