S-14-0557 State v. Erick F. Vela (Appellant)
Madison County, Judge James G. Kube
Attorneys: Patrick P. Carney (Appellant) --- James D. Smith (Attorney General's Office)
Civil: Postconviction, death penalty
Proceedings below: The district court denied postconviction relief without an evidentiary hearing based upon specific findings and conclusions with respect to each of Appellant's claims of ineffective assistance of counsel.
Issues: 1. The District Court erred by denying Postconviction relief without conducting an evidentiary hearing on Vela's claim that he received ineffective assistance of counsel due to his counsel deterring him from entering a guilty plea early in the case. 2. The District Court erred by denying Postconviction relief without conducting an evidentiary hearing on Vela's claim concerning the relationship of the prosecutor and presiding juror. 3. The District Court erred by denying Postconviction relief without conducting an evidentiary hearing on Vela's claim that he was denied the effective assistance of counsel due to counsel's failure to assign as error on direct appeal the District Court's overruling Vela's Batson challenge. 4. The District Court erred by denying Postconviction relief without conducting an evidentiary hearing on Vela's claim that he was denied effective assistance of counsel due to counsel's failure to allow the State's expert to conduct testing on Vela to help determine mental retardation (intellectual disability). 5. The District Court erred by denying Postconviction relief without conducting an evidentiary hearing on Vela's claim that he received ineffective assistance of counsel when trial counsel failed to request that a definition of malice be included in the jury instructions for aggravator ' 29-2523(1)(a). 6. The District Court erred by denying Postconviction relief without conducting an evidentiary hearing on Vela's claim that he received ineffective assistance of counsel when trial counsel failed to offer evidence to negate a finding of malice for aggravator 1(a).