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Criminal Law

: Law Of Criminal Defense

Motion to suppress would have been granted if filed; IAC shown without a hearing

By John Wesley Hall, Jr.

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Defendant showed IAC from defense counsel's failure to move to suppress a confession obtained after invocation of right to counsel. Based on the record of the pleadings alone and without a hearing, referring back to the trial record, the defendant would have clearly prevailed on the motion, so counsel was ineffective. The trial court erred in denying the post-conviction petition on the pleadings. Sparkman v. State, No. CR06-1141 (Ark. March 20, 2008), direct appeal Sparkman v. State, 91 Ark. App. 138, 208 S.W.3d 822 (2005).

Full post as published by Law Of Criminal Defense on March 21, 2008 (boomark / email).

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