HILL, J.
In this case, the district court held what it called a preliminary hearing on Joseph Webber's two posttrial motions where the court heard testimony from Webber's trial counsel. At the time of the hearing, Webber was serving his sentence for rape and although the court did not order his return from the penitentiary, it did appoint him counsel. Chief among the claims made by Webber in his motions was an allegation that his trial attorney failed to file a notice...
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