State v. Smith

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State v. Smith

Case Number
S-15-0127
Call Date
April 28, 2016
Court Number
Lancaster
Case Summary

S-15-0127 State v. William E. Smith (Appellant)

Lancaster County, Judge Paul D. Merritt, Jr.

Attorneys: Pro Se Appellant --- Stacy M. Foust (Attorney General's Office)

Civil: Postconviction

Proceedings below: The district court denied Appellant's amended motion for postconviction relief without an evidentiary hearing.

Issues: 1. The district court erred in denying Appellant's amended motion for postconviction relief. 2. The record shows Appellant is entitled to an evidentiary hearing and postconviction relief thereby vacating and setting aside the convictions and sentences for first degree assault and use of a weapon to commit a felony. 3. The district court erred in finding Appellant's factual allegations regarding ineffective assistance of counsel lacked a showing of deficient performance and ineffectiveness on the part of both trial and appellate counsel. 4. The district court erred in failing to find appellate counsel represented conflicting interests during appellate review in violation of Appellant's 6th Amendment right under the U.S. Constitution. 5. Appellant was subject to double jeopardy as exhibited by the charges of first degree assault and use of a weapon in violation of the 5th Amendment of the U.S. Constitution.