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Criminal Law

: Tenth Circuit Blog

IAC Claim Must Be Pursued in 2255 Motion

By Shari Allison

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U.S. v. Smith, 07-1044 (1/4/08)(unpub'd) - The 10th refuses to remand to consider an ineffective assistance of counsel claim regarding an untimely motion for new trial. The 10th says the defendant must pursue a § 2255 motion.

Full post as published by Tenth Circuit Blog on January 08, 2008 (boomark / email).

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