Ballard v. Hurt (Per Curiam Opinion)
Annotate this CaseAfter a second trial, Respondent was found guilty of first-degree murder and sentenced to life in prison with mercy. The circuit court subsequently granted Respondent habeas corpus relief, finding that Respondent's counsel in his second trial was ineffective. The Supreme Court reversed and remanded, holding that the circuit court erred in (1) ruling that it was constitutional error for the trial court to fail to advise Respondent of his right to testify and not to testify and that trial counsel's failure to enforce this right rose to the level of ineffectiveness; and (2) determining that Respondent's co-defendant was not a credible witness.
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