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HOLLIS v. U.S.

Nos. 91-CF-421, 92-CO-479.

623 A.2d 1229 (1993)

Anthony HOLLIS, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided May 4, 1993.

Attorney(s) appearing for the Case

Gerald I. Fisher, Washington, DC, for appellant.

Halsey B. Frank, Asst. U.S. Atty., with whom Jay B. Stephens, U.S. Atty. at the time the brief was filed, and John R. Fisher, Elizabeth Trosman, and James R. Costello, Jr., Asst. U.S. Attys., Washington, DC, were on the brief, for appellee.

Before FERREN, SCHWELB, and FARRELL, Associate Judges.

FARRELL, Associate Judge:

Appellant contests the denial without a hearing of his motion under D.C.Code § 23-110 (1989) alleging ineffective assistance of his trial counsel. We conclude that affidavits supporting the motion signed by a codefendant who claimed readiness to exculpate appellant at trial—affidavits given to defense counsel before trial— raised issues of fact that require a hearing on appellant's ineffective assistance claim. We therefore...

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