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Home / Opinion Digests / Criminal Practice / Criminal Practice – Hearing ordered on ineffective assistance claim (access required)

Criminal Practice – Hearing ordered on ineffective assistance claim (access required)

Where the defendant argued his trial counsel rendered ineffective assistance by failing to move to suppress incriminating statements made in violation of Miranda, an evidentiary hearing was required to determine whether he was in custody at the time of his interrogation, what information was known to his trial counsel and strategic factors counsel may have ...

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