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Abandoning weak NGI claim not IAC

KNOWLES, WARDEN v. MIRZAYANCE , US Supreme Ct.  March 24, 2009
Cal Def confesses to stabbing and shooting 19 year old cousin.  NGI type evidence presented at guilt phase in effort to obtain 2d deg.  Jury convicts of 1st.  Lawyer was going to put on guilt phase shrink for NGI as well as parents of def.  Parents were reluctant [...]

Appeal dismissed for lack of certificate of probable cause-no Marsden issue found

People v. Caravajal (2007) , Cal.App.4th [No. C053507. Third Dist. Dec. 17, 2007
Def makes deal and pleas to recieving, drugs and strike for 5 yr 4mos and dismissal of unspecified balance of complaint.  At sentencing- lawyer says separate counsel should be appointed to consiser motion to withdraw plea-stating in passing that Def did not understand [...]

No Wende brief required for new trial motions - two convictions for Robbery-Carjack ok if only one punishment

People v. Thurman (2007) , Cal.App.4th [No. E040720. Fourth Dist., Div. Two. Nov. 21, 2007
Victim makes alleged homosexual advance and Def and buddy beat him up, tie his up, stick his face underwater, take his wallet and steal his car.  Def admits all these things and says conduct is justified because of unwanted sexual advance.  [...]

Allowing new closing arguments to hung jury is not error or IAC

People v. Young (2007) , Cal.App.4th [No. C054130. Third Dist. Nov. 13, 2007
Def and buddy do a stickup at a gas station, using toy guns.  A cop recognizes Def on surveillance tape and a week later talks to Def, who confesses with excuses.  At trial, jury is hung 10-1-1 (for guilt). Court offers to allow [...]