 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Eubanks4/22/1999
ned to the downstairs level of the home and jammed the rifle when first attempting to fire. After appellant cleared the weapon, he fired three rounds at Lanita Eubanks, killing her. Appellant's actions were deliberate and indicate a calculated decision to kill.
Appellant's fourth assignment of error is meritless.
VI.
In his fifth assignment of error, appellant argues he was denied effective assistance of counsel. Appellant bases his contention on his attorney's failure to object to the testimony of Alisha Carpenter that appellant fired a pistol in the house on previous occasions. Appellant argues that, because defense counsel allowed six questions on the subject to be asked before objecting, he was prejudiced because the evidence was indicative of prior calculation and design.
To prevail on a claim of ineffective assistance of counsel, a defendant must demonstrate that counsel's performance was deficient, and that the deficient performance prejudiced the defense. Strickland v. Washington (1984), 466 U.S. 668, 687. A properly licensed attorney is presumed to execute his duties in an ethical and competent manner. State v. Smith (1987), 36 Ohio App.3d 162. Ineffectiveness is demonstrated by showing that counsel's errors were so serious that he or she failed to function as the counsel guaranteed by the Sixth Amendment. State v. Hamblin (1988), 37 Ohio St.3d 153. To establish prejudice, a defendant must show that there is a reasonable possibility that, but for counsel's errors, the result of the proceeding would have been different. Strickland, supra. at 694.
Appellant argues that he only could negate a finding of prior calculation and design by showing that there was no evidence appellant previously used a firearm when angry. Appellant even submits that the statements by Alisha Carpenter were the only evidence the prosecution could rely upon to support the element of prior calculation and design. A review of the record fails to show that the prosecution ever referred to appellant's prior use of a weapon in the home after the initial responses by Alisha Carpenter. This court already has found that adequate evidence was admitted at trial to support a finding of prior calculation and design without any reliance on this excluded evidence.
Appellant cannot show that his counsel's performance at trial was deficient or that he was prejudiced by his attorney's failure to object to the inadmissible testimony in a more timely manner. The record shows that appellant's trial counsel provided adequate representation.
Appellant's fifth assignment of error is overruled.
VII.
In appellant's first supplemental assignment of error, appellant argues that the trial court committed error by allowing appellant's trial to continue after appellant claimed the state concealed exculpatory evidence and destroyed the crime scene. Appellant filed a motion asking that certain property be returned to him which he believed was seized by the police from his home. Those items were deeds, rent receipts, titles, canceled checks, bank statements, letters, tax records, appellant's diary, notebooks, payment books, and insurance policies. Appellant also filed numerous pro se motions below in which he claimed that a Cleveland police officer, the victim's sister, destroyed the crime scene along with removing the aforementioned property. Appellant further asserted that his various appointed defense counsel were in collusion with the prosecutor to conceal the actions of the officer. Appellant claimed the murder was staged by his wife because she wanted to die. Appellant stated in one of his motions below that Lanita Eubanks chose to die by his h
Page 1 2 3 4 5 6 7 8 9 Ohio DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|