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Tag Archives: Motion for Appropriate Relief

Criminal Practice – Motion for Appropriate Relief – New Trial – Newly Discovered Evidence – Drug Possession – Father’s Admission (access required)

State v. Rhodes At defendant’s trial for drug possession, defendant’s father “plead the Fifth” when he was asked whether the drugs belonged to him, and defendant’s mother refused to testify against her husband. After defendant was convicted and placed on probation, defendant’s father admitted that the drugs were his. The judge who presided over defendant’s trial and motion for appropriate relief correctly found that the father’s admission was newly discovered evidence warranting a new trial.

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Criminal Practice – Motion for Appropriate Relief – Written Order (access required)

State v. Williamson Both the majority and the dissent in the Court of Appeals’ decision addressed the significance of the trial court’s denial of defendant’s motion for appropriate relief without entering a written order memorializing that decision. However, the trial court actually entered a written order, the existence of which apparently was not known to appellate counsel.

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