Atty Error In Sentencing Advice Doesn't Justify New Trial

Law360 (September 13, 2019, 4:23 PM EDT) -- A District of Columbia appeals panel on Thursday said a man convicted in a violent rape and kidnapping hadn’t shown that he was unduly hurt by his lawyer’s erroneous advice regarding his potential sentencing.

The three-judge panel affirmed a trial judge’s dismissal of an appeal brought by James Earl Blackmon. Blackmon, who was convicted twice for a violent attack at a D.C. residence, had argued that his public defender wrongly told him in a run-up to a retrial that he couldn’t receive a sentence of more than the 34 years imposed at his first trial.

That contributed to Blackmon’s rejection of a...

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