July 2011 Monthly Opinion

Harger, Shawn Leroy v. State, COCA Case No. C-2010-1033 (July 21, 2011)
(Ineffective Assistance of Counsel) IAC and conflict where same attorney counseled plea and represented defendant at Motion to Withdraw Plea Hearing. Remanded for new hearing.

Mahaffey, James Lyman v. State, COCA Case No. F-2010-267 (July 19, 2011)
(Prosecutorial Misconduct; Sentence, Excessive) Prosecutor reading Bible verses that had been referenced, but not read into evidence, was plain error and prejudicial. Prosecutor’s explanation of what a "life" sentence meant misstated the meaning of the 85%. Sentences modified to run concurrently.

Monaco, Anthony Frank v. State, COCA Case No. C-2010-260 (July 20, 2011)
(Ineffective Assistance of Counsel) IAC and conflict where same attorney counseled plea and represented defendant at Motion to Withdraw Plea Hearing. Remanded for new hearing on motion.

Potts, Clinton Riley v. State, COCA Case No. C-2010-2 (July 21, 2011)
(Ineffective Assistance of Counsel) At remanded hearing, trial court found trial counsel was ineffective, and that the State had failed to disclose favorable treatment given to State’s witness as a reward for testifying. AG did not dispute the trial court’s findings. Reversed and remanded for new trial.