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Tag Archives: effectiveness of counsel

Criminal Law: Post-Conviction Relief-Shackled Defendant-Effectiveness of Counsel

Where a defendant argued that the trial court erred in denying her motion for post-conviction relief after an evidentiary hearing due to her appearance at trial shackled in an ankle bracelet, the defendant did not present any testimony or evidence ...

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Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Prejudice

Where a defendant in a first-degree murder case argued that she received ineffective assistance of counsel in rejecting the state’s pre-trial plea offer for a 25-year sentence for second-degree murder and instead proceeding to trial, the motion court properly found ...

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Criminal Law: Post-Conviction Relief-Effectiveness of Counsel-Lesser Offenses

Where a defendant in a drug-trafficking case argued that his trial counsel was ineffective for failing to request lesser-included offense instructions and for not calling a particular witness, the instructing-down principles were not previously so clear and obvious that counsel’s ...

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Criminal Law: Post-Conviction Relief-Guilty Plea-Effectiveness of Counsel

Where a defendant challenged the denial of post-conviction relief without an evidentiary hearing, the motion court did not err in denying the claim that his guilty plea lacked sufficient factual basis because the state’s recitation of the facts and the ...

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Criminal Law: Post-Conviction Relief-Guilty Plea-Effectiveness Of Counsel

Where a defendant challenged the denial of post-conviction relief without an evidentiary hearing, the motion court did not err in denying the claim that his guilty plea lacked sufficient factual basis because the state’s recitation of the facts and the ...

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