Defendant, who was found guilty of two counts of second-degree murder and sentenced to life imprisonment, appealed the denial of his motion for post-conviction relief, which alleged that trial counsel was ineffective for requesting the jury be instructed on lesser-included ...

Tagged with: Post-Conviction Relief Requesting Lesser-Included Offenses

Defendant appealed the denial of his motion for post-conviction relief, arguing that because post-conviction counsel’s amended motion was untimely, he was entitled to a hearing on whether he had been abandoned by counsel. Defendant further contended that trial counsel was ...

Tagged with: Abandonment by Counsel Post-Conviction Relief

Where a defendant challenged the dismissal of her pro se motion for post-conviction relief as untimely, the defendant was denied a critical piece of evidence proving the date on which her motion was mailed because the clerk failed to fulfill ...

Tagged with: Active Interference Exception Mailbox Rule Post-Conviction Relief

Where a defendant challenged the denial of post-conviction relief, the defendant’s escapes delayed proceedings for about 20 months, so the escape rule is applied, and the appeal must be dismissed. Appeal is dismissed. Conn v. State (MLW No. 74254/Case No. ...

Tagged with: Escape Rule Post-Conviction Relief

Defendant was found guilty of murder and related offenses and sentenced to death. Defendant’s conviction and sentence were affirmed on direct appeal. Defendant then moved for post-conviction relief, asserting ineffective assistance of trial and direct appellate counsel and arguing that ...

Tagged with: murder Post-Conviction Relief

Defendant filed a motion for post-conviction relief following his conviction for the homicide of his father. Following an evidentiary hearing, the trial court ruled that trial counsel failed to interview, investigate and subpoena a witness who could have provided testimony ...

Tagged with: ineffective assistance of counsel Post-Conviction Relief

Where a defendant challenged the denial of his motion for post-conviction relief without an evidentiary hearing, the pro se motion was untimely, so the judgment is vacated and remanded with directions to dismiss the motion. Vacated. Gatling v. State (MLW ...

Tagged with: Post-Conviction Relief Pro Se Motion timeliness

Defendant was convicted for driving while intoxicated and for driving while his license was revoked. Defendant filed a petition for post-conviction relief, arguing that appellate counsel failed to challenge the sufficiency of the evidence supporting his convictions Where the state ...

Tagged with: Failure to Challenge Sufficiency of Evidence Post-Conviction Relief

Where a defendant argued that the motion court erred in denying his motion for post-conviction relief because his counsel was ineffective for failing to file a motion to sever other counts of statutory sodomy of which he was acquitted, counsel ...

Tagged with: effectiveness of counsel Post-Conviction Relief Severance

CWhere a defendant who was determined to be indigent by the motion court challenged the denial of his motion for post-conviction relief without the appointment of counsel, the judgment is reversed and remanded because the appointment of counsel for indigent ...

Tagged with: Appointment Of Counsel Indigent Defendant Post-Conviction Relief

Where a defendant challenged the denial of post-conviction relief, the motion was due within 180 days of the defendant’s delivery to serve his sentence, so the pro se motion was untimely and is remanded for dismissal. Remanded. Marks v. State ...

Tagged with: Post-Conviction Relief timeliness