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Home / Opinions / Courts / Court of Appeals, Western District / Criminal Law: Post-Conviction Relief-Escape Rule-Post-Capture Error

Criminal Law: Post-Conviction Relief-Escape Rule-Post-Capture Error

Where a defendant challenged the application of the escape rule to dismiss his motion for post-conviction relief, the judgment is reversed and remanded because the error asserted in his amended motion occurred after he was returned to custody, so the escape rule was not applicable. Judgment is reversed and remanded. Benedict v. State (MLW No. 72343/Case No. ...
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