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

June 18, 2010 - Court Grants Belated Post-Conviction Motion

June 18, 2010, state court grants relief for Mr. Kent's client, Jerrad Rivers, in novel and belated state post-conviction motion [click on the link to the left to see a copy of the motion] challenging guilty plea to a domestic battery offense seven years after the fact, based on claim that plea was not knowing and intelligent when it resulted in a loss of the client's Second Amendment right to keep and bear arms, and that claim was timely even though it was not raised within two year state time limit for post conviction claims, because it was raised within two years of client's discovery that conviction resulted in loss of right to possess firearms under federal  law, which treats a misdemeanor domestic battery conviction as a disabling conviction, just as if it were a felony conviction.  Mr. Kent drafted and filed the motion and attorney Robert Willis successfully litigated the motion before the court. The effect of this motion and the court's ruling is that the client may now lawfully possess a firearm under both state and federal law.

Ryan McFarland