Undue Influence Law
 
Joel Alcox, a/k/a Joel Albert Alcox v. James Hartley, Warden

On May 8, 1987, in Santa Barbara Superior Court case no. SM50213, a jury convicted
petitioner Joel Alcox, aka Joel Albert Alcox, of one count of first degree murder in violation of California Penal Code ("P.C") § 187 (count 1), one count of robbery in violation of P.C. § 211 (count 2), and one count of first degree burglary in violation of P.C. § 459 (count 3), and the jury found it to be t

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In re Joel Alcox, On Habeas Corpus. The People v. Joel Alcox


This case serves as a textbook example of a court impermissibly "second-guessing" criminal defense counsel's tactical decisions in derogation of United States and California Supreme Court precedent. We reverse and conclude, on the merits, that Joel Alcox (defendant) received the effective assistance of counsel at his murder trial almost 20 years ago.

        The People appeal

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Mechele K. Linehan v. State of Alaska

"The judge in a criminal jury trial plays a variety of important roles, including:

Presiding over the trial: The judge is responsible for maintaining order in the courtroom and ensuring that the trial proceeds fairly. This includes making rulings on evidentiary objections, instructing the jury on the law, and ensuring that both the prosecution and defense have a fair opportunity to pr

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State of Alaska v. John T. Carlin, III

Anchorage, Alaska criminal law lawyers represented Defendant changed with first-degree murder.

        We consolidated these two cases to resolve the following question: What is the effect of the death of a criminal defendant while an appeal is pending? John Carlin III was convicted of first-degree murder. He appealed his conviction to the court of appeals and died before the open

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State of Wisconsin v. Robert Lee Bennett III

Superior, Wisconsin criminal law lawyer represented Defendant charged with first-degree intentional homicide..

Robert Lee Bennett III, age 42, was accused of fatally stabbing his mother on September 29, 2020 who was stabbed multiple times.

Defendant apparently stabbed his mother because the want to take him to the hospital for mental health care.

940.01  First-degree

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State of Ohio v. Aldridge Ricahrd

In 1985, petitioners-appellees, M. Jenny Wilcox and Robert Dale Aldridge, were convicted of several counts of child sexual abuse and related offenses, and were each sentenced to life imprisonment. A full ten years later their convictions were vacated and a new trial was granted by the Montgomery County Court of Common Pleas in a civil proceeding brought pursuant to R.C. 2953.21. The state appeals

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Clemente Javier Aguirre-Jarquin v. State of Florida

We have on appeal the judgment of the trial court convicting Clemente
Aguirre-Jarquin (Aguirre) of two counts of first-degree murder and sentencing him
to death on both counts.1

For the following reasons, we affirm the convictions and
sentences.

I. FACTUAL AND PROCEDURAL BACKGROUND

Aguirre was born in Honduras in 1980 and came to the United States in

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Mubarez Ahmed v. Ernest Wilson, et al.

Detroit, Michigan civil rights lawyer represented Plaintiff who sued Defendants claiming that they violated his civil rights.

In 2002, Plaintiff Mubarez Ahmed was convicted of murdering Lavelle Griffin and LaTanya White in a drive-by shooting. He was sentenced to 30-60 years in prison. In 2018, Ahmed's conviction was revisited by the Wayne County Conviction Integrity Unit and the Universi

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Commonwealth of Pennsylvania v. Laurence Adams

Boston, Massachusetts criminal defense lawyer represented Defendant charged with murder.


MEMORANDUM OF DECISION ON DEFENDANT'S MOTION FOR POSTCONVICTION RELIEF

         I. INTRODUCTION

         The defendant, Laurence Adams, filed a Renewed And Revised Motion For Postconviction Relief. Related discovery motions, and several memoranda and appendixes

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Demarco Danzell Metoyer v. State of Oklahoma

Tulsa, Oklahoma criminal law lawyer represented Defendant, charged with first-degree manslaughter.




MoreLaw Legal News For Tulsa




¶1 Appellant, Demarco Danzell Metoyer, was tried and convicted by a jury in the District Court o

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United States of America v. Demarco Danzell Metoyer

Tulsa, Oklahoma criminal law lawyer represented Defendant, charged with first-degree manslaughter.

1 Appellant, Demarco Danzell Metoyer, was tried and convicted by a jury in the District Court of Tulsa County, Case No. CF-2016-5998, of two counts of First Degree Manslaughter, After Former Conviction of Two or More Felonies, in violation of 21 O.S.2011, § 711(1). The jury imposed a senten

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United States of America v. Chase Winkle

Indianapolis, Indiana criminal law lawyer represented Defendant charged with eleven civil rights and obstruction charges. Specifically, Winkle pleaded guilty to five federal civil rights offenses for assaulting arrestees, and to six obstruction offenses for writing false reports to cover up the assaults.




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Johnny Hincapie v. City of New York, et al.

On September 2, 1990, Brian Watkins, a tourist from Utah, was stabbed to death on a New York City subway platform. In the immediate aftermath of the attack, officers from both the New York Police Department (“NYPD”) and Transit Police Department (“Transit PD”) interviewed and arrested a host of witnesses and suspects. Several suspects were prosecuted, convicted, and sentenced to lengthy pr

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State of Texas v. Michael A. Morton

Georgetown, Texas criminal defense lawyer represented Defendant charged with murder.

Michael A. Morton was accused for beating her wife Christine Morton to death during the early morning hours of August 13, 1986.

The State's view of the case can be briefly stated: Morton and his wife had a past history of conflict regarding her personal appearance and her lack of interest in sex

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Kenneth Wayne Acy, Jr. v. The State of Texas

Austin, Texas – Criminal Defense lawyer represented Appellant appealing being convicted on two counts of aggravated assault.



The evidence at trial established that on September 23, 2014, appellant fired
multiple shots with a firearm at two individuals and that he previously had been convicted of a
1 Because th

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CMST Development, LLC v. City of Austin

Austin, Texas – Real Estate lawyer represented Appellant with suing the City of Austin for development of a one-acre tract of land.



On March 10, 1960, H. E. Eubank filed with the City an application for a
preliminary plan—an initial step in platting a subdivision—for a subdivision called “Eubank
Acres S

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Patrick Leonard Martin v. The State of Texas

Austin, Texas – Criminal Defense lawyer represented Appellant with a burglary of a habitation charge.



Kristin Ellington1 began a dating relationship with Martin in 2014. Martin lived
“off and on” with Ellington and her mother, Marcia Larson, at Larson’s home in Bulverde,
Texas. Although at first the rel

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Fallon B. Estes v. State of Oklahoma, ex real Department of Public Safety, et al.

El Reno, Oklahoma civil litigation lawyer represented Plaintiff seeking driving privileges after revocation for conviction of DUI pursuant to 47 O.S.C. 754, which provides:
A. The sworn report of the officer stating the officer had reasonable grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle upon the public roads, highways, streets, t

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State of Colorado v. Sandra Brown

Grand Junction, Colorado criminal law lawyer represented Defendant charged with attempting to influence a public servant, a felony, and official misconduct, a misdemeanor, for her role in allowing a computer expert to make a copy of a voting machine hard drive.

State election officials became aware of the security breach when a photo and video of confidential voting system passwords were

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Mark Morgan Upchurch v. The State of Texas

Fort Worth, Texas – Criminal Defense lawyer represented Appellant with appealing his conviction for assault of a family member charge.

.

A. The Aggravated Assault (by Fire)
Appellant met and began dating the complainant, Jane,
1 in 2013. In 2014, Jane
was hospitalized after being set on fire. She told parame

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State of Oklahoma v. Danesheona Tashay Long

El Reno, Oklahoma criminal law lawyer represented Defendant charged with attempting of elude police officer in violation of 21 O.S. 540A, which provides:

A. Any operator of a motor vehicle who has received a visual and audible signal, a red light and a siren from a peace officer driving a motor vehicle showing the same to be an official police, sheriff, highway patrol or state game range

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Stedfast Baptist Church v. Fellowship of the Sword, Inc.

Fort Worth, Texas – Civil Litigation lawyer represented Appellant with Seeking declaratory relief construing the default provisions of a commercial lease.

.

A. The Lease
In July of 2020, Stedfast, through its president and pastor Jonathan Shelley,
executed a 63-month commercial lease with Fellowship, as one of

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Dani Roisman v. Gavriella Etana Roisman

Houston, Texas – Divorce lawyer represented Appellee with an enforcement action for medical child support.

.

Dani and Gavriella have three children together. Jane is their oldest child.
Dani and Gavriella divorced in February 2018 when Jane was 15 years old.
Dani and Gavriella signed an Agreed Divorce Decree

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In the Estate of: Lynne Vines, a/k/a Doris Lynne Vines, Deceased

Houston, Texas – Probate lawyer represented Appellant with complaining of the probate court’s order appointing a receiver in an underlying will contest.



Lynne Vines’s husband, Larry, started Dial Electrical Controls of Houston,
Inc. (“Dial Electrical”) and its sister company, LV Controls, Inc. (“LV Cont

More...   $0 (11-23-2022 - TX)

Cherye Altice v. Krystal Hernandez

Houston, Texas – Family Law lawyer represented Appellant with contending that the will of her deceased mother was procured by undue influence, was invalid, or both.




The Parties, the Properties, the Claims, and the Wills
Theresa Altice died on March 14, 2019, at the age of 81. Theresa had four
children, A

More...   $0 (11-20-2022 - tx)

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Kent Morlan, Esq.
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