Bullard v. State

The trial court properly found that the defendant bore the burden of proof with respect to his ineffective assistance of counsel claim at the hearing on his motion to withdraw his guilty plea.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Michael L. Bullard pled guilty in September 2009 to two counts of incest, two counts of sexual exploitation of children, and one count of possessing cocaine. The following month, Bullard moved to withdraw his plea, and the trial court denied the motion. Bullard appeals. He argues that plea counsel was deficient in failing to move to suppress evidence seized pursuant to a search warrant which he claims, lacked a sufficient description of the items to be seized and was therefore invalid; but the evidence of record does not support his claim. He further argues that the trial court improperly allocated the burden of proof with respect to his motion to withdraw, but he fails to support that argument. We therefore affirm. The record shows that in August 2008, Bullard’s seventeen-year-old step-daughter reported to authorities that she had been sexually abused by Bullard on multiple occasions over a two-year period. She also indicated that Bullard had videotaped their encounters. Police obtained a search warrant for Bullard’s residence, and the search produced the video camera described by the victim, camera equipment, videotapes showing sexual intercourse between Bullard and the victim, and bags containing cocaine and marijuana.

Bullard was charged with thirteen sex offenses and two drug offenses. He admitted to having sexual relations with his step-daughter, and shortly before trial, he entered plea negotiations with the State. As a result of those negotiations, Bullard pled guilty to five of the fifteen counts, and the State nolle prossed the remaining charges. The trial court sentenced Bullard to a total of twenty years, with eight years to be served in confinement and the balance on probation.

Bullard v. State

The trial court properly found that the defendant bore the burden of proof with respect to his ineffective assistance of counsel claim at the hearing on his motion to withdraw his guilty plea.

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to Daily Report