Lacy v. State (Majority, with Dissenting)
Annotate this CaseAppellant was convicted of capital murder and aggravated robbery and sentenced to death and life imprisonment. The circuit court denied Appellant's subsequent motion for postconviction relief that alleged ineffective assistance of counsel. Appellant appealed and filed a motion for reconsideration. The circuit court denied the motion without an evidentiary hearing, concluding that Appellant was not entitled to relief on his claim that counsel was ineffective for failing to call a psychologist to testify as to Defendant's chronic substance abuse. The Supreme Court reversed and remanded for an evidentiary hearing, holding that the circuit court erred in failing to hold an evidentiary hearing, as the record did not conclusively show that Petitioner was not entitled to relief.
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