 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Bland v. State5/16/2000
ate of drug induced intoxication during first stage; 4) fully prepare to investigate and defend against the introduction of evidence of the prior conviction during second stage; and 5) constructively use testimony from Dr. Church regarding Appellant's drug addiction as mitigation evidence during second stage.
In support of these arguments, Appellant directs us to affidavits accompanying the application for evidentiary hearing on sixth amendment claims. The affidavits filed in support of a request for an evidentiary hearing are not considered, by reason of their filing with this Court, part of the trial record. See Dewberry v. State, 954 P.2d 774, 776 (Okl.Cr.1998). If the items are not within the existing record, then only if they are properly introduced at the evidentiary hearing will they be a part of the trial court record on appeal. Id. Here, as the information contained in these affidavits is not properly before the Court at this time, and as Appellant has failed to develop his arguments in his appellate brief, without citation to the affidavits, he has effectively waived review of those arguments. We have consistently held that we will not review allegations of error which are neither supported in the record or by legal authority. Fuller v. State, 751 P.2d 766, 768 (Okl.Cr.1988); Wolfenbarger v. State, 710 P.2d 114, 116 (Okl.Cr.1985), cert. denied, 476 U.S. 1181, 106 S.Ct. 2915, 91 L.Ed.2d 544 (1986). The affidavits will be considered when we address the application for evidentiary hearing on sixth amendment claims.
Appellant next argues counsel was ineffective for failing to preserve the record with an offer of proof as to Dr. Church's expected testimony. Appellant contends that without such a record, this Court cannot adequately conduct its mandatory sentence review. As discussed in Proposition V, the trial court properly limited the scope of Dr. Church's testimony. In the Supplemental Notice of Discovery from Defense filed with and considered by the trial court, defense counsel set out a summary of Dr. Church's anticipated first and second stage testimony. This is a sufficient record from which this Court can conduct its mandatory sentence review. Appellant has failed to show any prejudice by counsel's conduct.
Appellant further finds counsel ineffective for failing to object to inadmissible evidence. Specifically, he directs our attention to the instances of alleged prosectuorial misconduct discussed in Propositions VII, XII, XIII, and XI. As discussed in those propositions of error, most of the prosecutorial comments now complained of on appeal were proper comments on the evidence. Therefore, there is not a reasonable probability that had counsel raised objections that the result of the trial would have been different. See Workman v. State, 824 P.2d 378, 383 (Okl.Cr.1991), cert. denied, 506 U.S. 890, 113 S.Ct. 258, 121 L.Ed.2d 189 (1992).
Appellant also finds counsel ineffective for failing to lodge the appropriate objection to the admission of evidence of his prior conviction. However, as this evidence was properly admitted, see Proposition XV, Appellant cannot show any resulting prejudice. See Roney v. State, 819 P.2d 286, 288 n. 1. (Okl.Cr.1991).
Having thoroughly reviewed the record, and all of Appellant's allegations of ineffectiveness, we have considered counsel's challenged conduct on the facts of the case as viewed at the time and have asked if the conduct was professionally unreasonable and, if so, whether the error affected the jury's judgment. Le, 947 P.2d at 556. Defense counsel's performance in this case did not "so undermine[ ] the proper functioning of the adversarial process that the trial cannot be relied on as having p
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Oklahoma DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|