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Home / Opinion Digests / Criminal Practice / Criminal Practice — MAR – Ineffective Assistance Claims – Evidentiary Hearing – Shackles (access required)

Criminal Practice — MAR – Ineffective Assistance Claims – Evidentiary Hearing – Shackles (access required)

In defendant’s motion for appropriate relief (MAR), some of defendant’s asserted grounds for relief required the MAR court to resolve questions of fact. Accordingly, the MAR court was obligated to conduct an evidentiary hearing prior to ruling on defendant’s MAR. We vacate the portions of the MAR court’s order summarily dismissing Allen’s guilt-innocence phase claims of ...

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