State v. Avina-Murillo
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The Supreme Court affirmed Defendant’s conviction of negligent child abuse resulting in serious bodily injury and sentence of probation, holding that Defendant was not entitled to relief on her ineffective assistance of counsel claims.
Specifically, the Court held (1) because Defendant did not file a timely motion for new trial, this Court could not consider Defendant’s arguments of error relating to the overruling of the motion; and (2) applying the standard set forth in Strickland v. Washington, 466 U.S. 668 (1984), the record was insufficient to resolve Defendant’s claims that she received ineffective assistance of counsel due to counsel’s personal interest conflict.
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