Mabel Nebo Gibson v. Ekto Holdings Trustee of 17330 Baronshire Trust UDT 6/25/13

How courts have described this case

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

• holding that ineffective assistance of counsel does not exist where defense counsel did not object to damaging evidence, but “there was a plausible and legitimate strategic reason for defense counsel’s decision not to object”
• holding OV 7 was properly scored where the defendant violently shook and threw the child victim -4- to the ground causing injuries
• stating that it cannot be said that the failure to object fell below an objective standard of reasonableness under prevailing professional norms where there is a plausible strategic reason for the decision
• stating that intent can be inferred from the nature of the act itself
• stating that for purposes of OV 7, the “severity of the injuries supported a finding that KM was treated with brutality in excess of that which necessarily accompanies the commission of first-degree child abuse”
• noting that only minimal circumstantial evidence is necessary to prove intent

Source: CourtListener parenthetical corpus (CC0).