Wallace v. State
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The Court of Appeals affirmed the judgment of the court of special appeals reversing the order of the post-conviction court awarding Petitioner a new trial on all counts and instead remanding the case for a new trial solely on an attempted second-degree murder charge, holding that the court of special appeals did not err.
Petitioner was convicted of attempted second-degree murder, first- and second-degree assault, use of a handgun in the commission of a crime of violence, and other charges. Petitioner later petitioned for post-conviction relief, asserting ineffective assistance of counsel. The post-conviction court granted the petition and awarded a new trial on all counts based on the cumulative effect of trial counsel's errors. The court of special appeals remanded for a new trial on the attempted second-degree murder charge only, concluding that the limited cumulative effect theory did not warrant a reversal of all of Petitioner's convictions. The Court of Appeals affirmed, holding that the deficient performance of Petitioner's counsel warranted a new trial on the attempted second-degree murder charge only.
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