State v. ToddAnnotate this Case
The record should be further developed in this case before a reviewing court can adequately address Defendant's ineffective assistance of counsel claim.
Defendant was convicted of robbery with a dangerous weapon. The court of appeals affirmed. Defendant later filed a motion for appropriate relief (MAR) arguing that the evidence was insufficient to support his conviction and that his appellate counsel was ineffective for failing to raise this claim on appeal. Without conducting an evidentiary hearing, the trial court denied Defendant’s MAR. The court of appeals reversed, concluding that Defendant received ineffective assistance of appellate counsel in his first appeal and that Defendant’s conviction would have been reversed had his counsel raised the sufficiency of the evidence issue in his first appeal. The Supreme Court reversed, holding that the record before the court was insufficient to determine whether Defendant received ineffective assistance of counsel.