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Motion to Set Aside Conviction

Sep 18, 2019

Criminal Law: Burglary-Motion to Set Aside Conviction

Defendant appealed from the denial of his motion to set aside his conviction for burglary and felony stealing. Defendant had been caught stealing from a Walmart on three separate occasions. Defendant was charged with burglary and as a prior and persistent offender for felony stealing. In support of his motion, defendant argued that appellate counsel […]

Jun 4, 2019

Criminal Law: Felony Murder-Motion to Set Aside Conviction-Ineffective Assistance of Counsel

Defendant was charged with abuse of a child resulting in death. Pre-trial, defense counsel moved to exclude the victim’s autopsy results. The trial court ruled that the autopsy need not have been performed by a certified child death pathologist and denied the motion. Following a guilty verdict, defendant moved to set aside his conviction, arguing […]

May 28, 2019

Criminal Law: Motion to Set Aside Conviction-Legality of Sentence-Ineffective Assistance of Counsel

Defendant moved to set aside his convictions for statutory sodomy, arguing that his sentence was illegal because his parole was conditioned on an admission of guilt even though he entered an Alford plea, and because plea counsel was ineffective for advising defendant to enter an Alford plea because a defendant was required to admit guilt […]

Apr 29, 2019

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 to the verdict directors for lack of specificity, failing to object to testimony about acts […]

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