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Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Staff Report//September 18, 2024//
Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel
Staff Report//September 18, 2024//
Defendant appealed the denial of his motion for post-conviction relief alleging that trial counsel was ineffective for failing to call witnesses to testify about inaccuracies in the police reports and failing to object to the state’s closing arguments.
Where the trial court failed to conduct an abandonment inquiry after the untimely filing of an amended post-conviction motion, the court was constrained to remand for the trial court to hold an inquiry.
Judgment is reversed and remanded.
Smith v. State (MLW No. 82117/Case No. ED111874 – 5 pages) (Missouri Court of Appeals, Eastern District, Hardin-Tammons, J.) Appeal from circuit court, City of St. Louis, Boyer, J. (Julian Wilks, Assistant Public Defender, for appellant) (Andrew Bailey, Attorney General; Abigail M. Meharg, Assistant Attorney General, for respondent)
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