D.C Code §23-110, the main statutory language for ineffective assistance of counsel provides for the judicial officer an authority for reversal of sentence due to “denial or infringement” of the defendant’s constitutional rights. Specifically, if the court finds that: (1) The judgment was rendered without jurisdiction, (2) The sentence imposed was not authorized by law or is otherwise open to collateral attack, (3) There has been such a denial or infringement of the constitutional rights of the prisoner as to render the judgment vulnerable to collateral attack, The court may vacate under these circumstances the conviction and set aside the
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Monthly Archives April 2018
4TH AMENDMENT VIOLATION: COURT OF APPEALS REVERSAL
The Court of Appeals in Miles v. U.S., decided on March 29, 2018, reversed gun related charges and conviction due to defendant’s 4th amendment violations. An anonymous 911 call and tip formed the basis for the Terry stop which led the arrest and seizure of weapons. The tip provided by a concerned citizen described a man wearing a blue army jacket with characteristics similar to Mr. Miles’s shooting a gun in the air. Miles argued on appeal that: The 911 tip was not sufficiently corroborated at the scene and thus was not shown to be reliable. That his flight from
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