Articles Tagged with darling

In United States v. Darling, ACCA affirmed because appellant could not establish the prejudice prong of an IAC “claim.”  This is worth reading for those cases where the accused is found not guilty after a contested case, but during sentencing there is a concession that the accused was actually guilty.  For the defense counsel this case addresses the issues of how to do sentencing and try to get a lower sentence.

Appellate defense counsel initially raised one assignment of error to this court – that appellant’s conviction for uttering checks with intent to defraud was legally and factually insufficient. Upon our initial review, we specified the following issues:

I.