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Court of Appeals, Southern District

Criminal Law: Post-Conviction Relief-Ineffective Assistance of Counsel-Erroneous Advice

  Defendant appealed the denial of his motion for post-conviction relief following his conviction for stealing a motor vehicle. In his motion, defendant asserted ineffective assistance of counsel, who allegedly erroneously advised defendant he could not be convicted because there ...

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Criminal Law: Possession of a Controlled Substance-Motion for Judgment of Acquittal-Sufficiency of Evidence

Defendant was convicted of felony resisting arrest and felony possession of a controlled substance. Defendant appealed his conviction on the possession charge, arguing that the trial court erred in denying his motion for judgment of acquittal because the evidence at ...

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Insurance Law: Auto Insurance-Underinsured Motorist Coverage-Stacking of Coverage

The trial court concluded that plaintiffs’ four auto insurance policies were ambiguous as to whether they permitted stacking of their respective underinsured-motorist coverage limits. Where the policies’ “limits of liability” sections, standing alone, unambiguously prohibited stacking of UIM coverage limits, ...

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Criminal Law: Sexual Assault-Post-Conviction Relief-Ineffective Assistance of Counsel

Defendant was convicted of the lesser-included charge of statutory rape. Defendant filed a motion for post-conviction relief, arguing that trial counsel was ineffective for failing to object and request a mistrial following testimony that freezing defendant’s urine changed the results ...

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Criminal Law: Sexual Assault-Motion to Set Aside Conviction-Ineffective Assistance of Counsel

Defendant unsuccessfully moved to set aside his conviction for forcible rape and sodomy of three of his adopted children, arguing that trial and appellate counsel were ineffective for failing to call defendant’s older daughter as a witness, failing to object ...

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