JOSEPH v. U.S.

Nos. 99-CF-979, 99-CO-1555, and 03-CO-1425.

878 A.2d 1204 (2005)

Quincy JOSEPH, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided July 14, 2005.


Attorney(s) appearing for the Case

Stephen A. Cooper, Public Defender Service, with whom James W. Klein and Giovanna Shay, Public Defender Service, were on the brief, for appellant.

Alessio Evangelista, Assistant United States Attorney, with whom Kenneth L. Wainstein, United States Attorney, John R. Fisher, Thomas J. Tourish, Jr., James S. Sweeney and Aaron H. Mendelsohn, Assistant United States Attorneys, were on the brief, for appellee.

Before RUIZ and GLICKMAN, Associate Judges, and KING, Senior Judge.


KING, Senior Judge:

In this appeal, Quincy Joseph argues that the trial court abused its discretion in denying without a hearing his motion to vacate, set aside, or correct sentence filed pursuant to D.C.Code § 23-110 (2001), and in failing to rule on his claim that trial counsel was ineffective in not advising appellant to maintain his initial guilty plea prior to its successful withdrawal. Because an evidentiary hearing is necessary to resolve disputed material...

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