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 ...

Tagged with: Burglary Motion to Set Aside Conviction

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 ...

Tagged with: Criminal Law Felony Murder ineffective assistance of counsel Motion to Set Aside Conviction

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 ...

Tagged with: Criminal Law ineffective assistance of counsel Legality of Sentence Motion to Set Aside Conviction

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 ...

Tagged with: Criminal Law ineffective assistance of counsel Motion to Set Aside Conviction sexual assault