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Criminal Law: Post-Conviction Relief- Ineffective Assistance of Counsel- Motion to Suppress Evidence.

Byline: Staff Report

Defendant appealed the denial of her motion for post-conviction relief, which alleged her trial counsel was ineffective for failing to file a suppression motion for evidence seized incident to her arrest. On appeal, defendant argued that the motion court erred in denying her motion without an evidentiary hearing

Where defendant failed to demonstrate that a motion to suppress would have been successful because defendant's initial interaction with police was a mere encounter during which police discovered defendant had outstanding arrest warrants, thereby providing grounds to search defendant incident to arrest, defendant was not entitled to evidentiary hearing.

Judgment is affirmed.

Stragliati v. State (MLW No. 72133/Case No ED105702 8 pages) (Missouri Court of Appeals, Eastern District, Odenwald, J.) Appealed from Circuit Court, City of St. Louis, Ohmer, J. (Randall Brachman, attorney for appellant) (Joshua D. Hawley and Mary H. Moore, attorneys for respondent)

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Publication:Missouri Lawyers Media
Date:Sep 21, 2018
Words:155
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