Batalona v. State

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The Supreme Court affirmed in part and vacated in part the judgment of the intermediate court of appeals (ICA) ruling that some of the grounds of Albert Batalona’s post-conviction petition raised colorable claims for relief and that the circuit court correctly denied the petition with regard to the remaining grounds, holding (1) the grounds of Batalona’s petition asserting that defense counsel’s failure to challenge the denial of Defendant’s request for a copy of discovery materials resulted in the impairment of his right to present a complete defense and adversely affected his waiver of the right to testify raised colorable claims for relief; and (2) the ICA properly denied a hearing with regard to the remaining grounds set forth in the petition except as to ground 18, which the Court dismissed with prejudice. With respect to the State’s certiorari application, the Court affirmed the ICA’s determination that the ground of Defendant’s petition asserting that defense counsel failed to exercise a good faith effort to obtain a robbery co-participant’s attendance at trial raised a colorable claim for relief. View "Batalona v. State" on Justia Law

Posted in: Criminal Law

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