State v. Torres

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State v. Torres

Case Number
S-16-0269
Call Date
January 4, 2017
Court Number
Hall
Case Summary

S-16-0269 State v. Marco E. Torres, Jr. (Appellant)

Hall County District Court, Judge James D. Livingston

Attorneys: James D. Smith (Attorney General's Office) --- Alfred E. Corey, III (Shamberg, Wolf, McDermott & Depue) (Appellant)

Civil: Postconviction

Proceedings below: Following an evidentiary hearing, the district court denied Appellant's second amended motion for postconviction relief.

Issues: 1. The district court incorrectly determined that Appellant's trial counsel effectively represented him. Appellant's trial counsel were ineffective in their representation of Appellant during the trial and sentencing stages by failing to call necessary witnesses, argue about evidence that was either withheld or destroyed and use a mitigation specialist. 2. The district court incorrectly determined that the state did not commit prosecutorial misconduct in their failure to produce evidence, their destruction of evidence and attempting to extort a plea from the Appellant.