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Home / Courts / Criminal Practice – Constitutional – Ineffective Assistance Claim – MAR – Evidentiary Hearing – Search & Seizure – Supporting Affidavit (access required)

Criminal Practice – Constitutional – Ineffective Assistance Claim – MAR – Evidentiary Hearing – Search & Seizure – Supporting Affidavit (access required)

State v. Jackson Defendant’s trial counsel moved to suppress evidence found in a search of the apartment where defendant was living, but counsel neglected to attach to the suppression motion the affidavit required by G.S. § 15A-977(a); furthermore, counsel failed to make a showing that defendant had standing to challenge the search. The trial court should have given defendant’s motion for appropriate relief more than summary consideration.

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