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Tag Archives: Ineffective Assistance

Criminal Law: Ineffective Assistance-Resisting Arrest-Sufficiency of Evidence

Where a defendant challenged the denial of his motion for a new trial, arguing that the trial court had authority to hear his ineffective-assistance claim, the claim was not timely raised before the court, so the court did not err ...

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Criminal Law: Possession with Intent to Distribute-Plea Agreement-Ineffective Assistance

Defendant pleaded guilty to possession with intent to distribute pursuant to a plea agreement. The agreement included an appeal waiver, which included collateral claims except claims based on ineffective assistance of counsel challenging the validity of defendant’s plea or appeal ...

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Criminal Law: Ineffective Assistance-Notice Of Appeal-Failure To File

Where a defendant in a drug conspiracy case argued that her counsel was ineffective for refusing her request to file an appeal, the district court was required to hold an evidentiary hearing before making factual determinations about the defendant’s credibility, ...

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Criminal Law: Post-Conviction Relief-Involuntary Guilty Plea-Ineffective Assistance

Where a defendant, who pleaded guilty to charges of DWI and second-degree assault of a law enforcement officer after he hit a police vehicle, challenged the denial of his motion for post-conviction relief based on his allegations of ineffective assistance ...

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