Brown v. State
Annotate this CaseAppellant was convicted of two counts of malice murder and various related offenses in connection with the asphyxiation death of an individual and the bludgeoning death of her daughter. Appellant appealed certain jury instructions and asserted that he was improperly denied a hearing on his claim of ineffective assistance of counsel. The court affirmed the convictions and held that it found highly probable that the erroneous failure to charge on impeachment by proof of a conviction for a crime of moral turpitude did not contribute to the verdict; that the trial court's jury instruction on theft presented no ground for reversal; and that the trial court did not err in denying his claim of ineffective assistance of counsel without holding an evidentiary hearing where appellant waived his claim when he did not argue it, or offer any evidence in support of it, despite being afforded the opportunity to do so. The court remanded for resentencing and held that, under the circumstances, the three additional life sentences for felony murder were illegal and could not stand.
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