Babbage v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “[E]vidence regarding defendant’s presence at crime scene, motive, and conduct before and after crime was sufficient to establish guilt as an accomplice.”
• counsel’s failure to object or request mistrial over witness’s brief and nonresponsive reference to appellant’s previous incarceration did not constitute deficient performance
• no prejudice where trial counsel failed to object to prosecutor’s reference to victim as a “nice kid” during opening statements given strength of evidence against defendant
• “[I]t is well established that a witness’ passing reference to a defendant’s past criminal record — particularly when it is not responsive to the question posed — does not improperly place his character in issue.”
• “[L]ife without parole is now within the range of statutorily authorized punishments . . . . Because life without parole falls within the statutory range, Apprendi simply does not apply to this sentencing scheme.”
• “Counsel’s decision not to draw attention to [passing reference to the defendant’s criminal record] by making an objection neither constitutes deficient performance nor, given the weight of the evidence against [the defendant], resulted in any prejudice.”

Source: CourtListener parenthetical corpus (CC0).