State v. Allen
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The Supreme Court vacated the portions of the motion for appropriate relief (MAR) court's order summarily dismissing Defendant's guilt-innocence phase ineffective assistance of counsel (IAC) claims, vacated the portion of the order summarily ruling that Defendant's claim alleging he was impermissibly shackled in view of the jury was procedurally barred, and otherwise affirmed, holding that the court erred in part.
Defendant was convicted of first-degree murder and sentenced to death. Defendant later filed an MAR petition and then a supplemental motion for appropriate relief. The MAR court dismissed Defendant's claims. The Supreme Court vacated the MAR court's order in part and remanded the matter to the court, holding (1) Defendant was entitled to an evidentiary hearing on his guilt-innocence phase IAC claims; and (2) Defendant was entitled to an evidentiary hearing to obtain the facts necessary to determine whether Defendant's claim that he was impermissibly shackled was procedurally barred and, if not, whether it had merit.
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