Burney v. State

Judge Harold R. Banke.

Burney was charged with aggravated assault on March 19,1994, and with kidnapping on the same date and again on May 16. He was convicted of the March 19 offenses and acquitted of the May 16 crime. After Burney’s trial attorneys withdrew from this case, his new lawyer moved for a new trial on grounds of trial error and ineffective assistance of counsel. Following denial of the motion, Burney appeals.

On the evening of March 19, the victim had returned home from a date with Small, her future husband. After exiting her car, she was accosted by Burney, her former husband. He…