State v. Bunch
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The Supreme Court reversed the decision of the court of appeals affirming the judgment of the trial court rejecting Defendant's amended petition for postconviction relief without holding a hearing, holding that the trial court erred in failing to hold an evidentiary hearing before reaching its decision.
Defendant was convicted of rape, kidnapping, and other offenses. In his amended petition for postconviction relief Defendant asserted that his trial counsel had been ineffective for failing to present expert testimony to assist the jury in understanding the unreliability of eyewitness identification, particularly under the circumstances of this case. The trial court denied relief without holding a hearing. The Supreme Court reversed and remanded the case, holding that Defendant's ineffective assistance claim presented an issue that the trial court needed to examine at an evidentiary hearing before ruling on the claim.
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