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RECENT APPELLATE, POST-CONVICTION AND SENTENCING NEWS FROM OUR CASES

July 23, 2013 - United States District Court Ordered Evidentiary Hearing and Denied Government Motion to Dismiss Claim Raised in 2255 Federal Habeas Petition

July 23, 2013, United States District Court for the Eastern District of North Carolina denied Government's motion to dismiss on primary claim raised by Mr. Kent in a federal habeas petition under 28 U.S.C. Section 2255 for client J.G. and directed the magistrate judge to enter an appropriate scheduling order leading to an evidentiary hearing on this claim.  Mr. Kent argued that J.G.'s primary trial counsel had provided ineffective assistance of counsel by counseling J.G. to enter a plea of guilty to a 15 year minimum mandatory production of child pornography count, without advising J.G. that the series of six search warrants which led to the seizure of the alleged child pornography were subject to challenge by way of a motion to suppress. 

Ryan McFarland