Byrd v. Johnson
Annotate this CasePetitioner Marquis Byrd was indicted for first-degree murder, aggravated malicious wounding of another, and for the use of a firearm in both offenses. At a jury trial, he was convicted of second-degree murder and the unlawful wounding of another and use of a firearm in the murder; Petitioner was acquitted of the firearm charge in the wounding case. At the close of the Commonwealth's evidence, defense counsel made a motion to strike, which the court denied. At the close of all evidence, defense counsel failed to renew the motion. Petitioner's trial counsel was given leave to withdraw from the case with respect to sentencing; substitute counsel filed a motion to set aside the verdict, but did not argue it and therefore never obtained a ruling. Petitioner was sentenced to 33 years' imprisonment for the three offenses. The Court of Appeals dismissed petitioner's appeal on grounds that the sufficiency of evidence had not been preserved by either a renewal of the motion to strike or the motion to set aside the verdict. Petitioner sought a writ of habeas corpus in the circuit court, alleging he had been denied his right to effective assistance of counsel at both trial and sentencing. The Supreme Court, in applying Strickland, found that if counsel had performed without any professional errors and petitioner's direct appeal had been available for review, there would be "no reasonable probability that a different result would have been reached." The Court affirmed the judgment of the lower court.
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