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Tag Archives: Setting Aside Conviction

Criminal Law: Distribution of Controlled Substance- Setting Aside Conviction- Abandonment of Counsel

Defendant was convicted of distribution, delivery, manufacture, or production of a controlled substance and of keeping or maintaining a public nuisance. Appointed counsel filed an untimely amended motion to set aside defendant’s conviction. Where counsel’s untimely motion raised a presumption ...

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Criminal Law: Distribution of Controlled Substance- Setting Aside Conviction- Abandonment of Counsel

Where counsel’s untimely motion raised a presumption of abandonment, the trial court’s failure to conduct a Moore abandonment inquiry required reversal and remand of the denial of defendant’s motion. Judgment is reversed and remanded. Oliphant v. State (MLW No. 72212/Case ...

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