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SMITH v. U.S.

Nos. 85-CF-995, 85-CF-1475, 90-CF-56, 90-CF-440.

608 A.2d 129 (1992)

James E. SMITH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 1, 1992.

Attorney(s) appearing for the Case

Lawrence M. Baskir, Washington, D.C., appointed by this court, for appellant.

Philip S. Kushner, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty., and John R. Fisher, Thomas C. Black, and Thomas J. Motley, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before ROGERS, Chief Judge, and FERREN and STEADMAN, Associate Judges.

ROGERS, Chief Judge:

Appellant James Smith appeals the denial of his motion to vacate sentence pursuant to D.C.Code § 23-110 (1989 Repl.) without a hearing. Specifically, he contends that the trial judge erred by not holding a hearing in light of the proffered evidence of counsel's inadequate pretrial investigation, preparation of a defense, and conduct at trial. Thus, he maintains, trial counsel allowed a credibility...

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