Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Fleming v. State

The Court also rejected the state's argument that the defendant's indictment was not fatally flawed, since the Court previously decided that issue in the defendant's favor.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The trial court has granted Larry Fleming an out-of-time appeal from his 1994 guilty plea to aggravated assault. As we previously held in Fleming v. State ,1 the indictment charging Fleming with the crime was fatally flawed. Thus, we must now reverse his conviction. Following a 1976 crime spree, Fleming was convicted of armed robbery, kidnapping, and murder.2 He received a life sentence, but was later paroled. In 1994, Fleming pled guilty to aggravated assault and was sentenced to serve one year. As a result of this new crime, Fleming’s parole was revoked and he was returned to prison, where he remains.

In 2004, Fleming filed a pro se motion for an out-of-time appeal of his guilty plea, arguing that he had received ineffective assistance of counsel and that the indictment charging him with aggravated assault was defective. The trial court denied the motion on the ground that Fleming could seek relief only through a petition for writ of habeas corpus. Fleming appealed.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
Southeastern Legal Awards 2025
May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Legalweek Leaders in Tech Law Awards 2025
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More
Go to Events Go to Webcasts
Commercial Real Estate/Transactional Attorney (Experienced)

Boutique Law Firm in Englewood Cliffs, NJ is seeking an Experienced Commercial Real Estate/Transactional Attorney for a full-time position. ...


Apply Now ›
Litigation Attorney (Experienced)

Boutique Law Firm in Englewood Cliffs, New Jersey is seeking a Litigation Associate NJ Bar admission required. NY admission a plus but is no...


Apply Now ›
Attorney

AttorneyJob Code: LEP023Pay Grade: NFLSA Status: ExemptLegal UnitJob Description:This position reports directly to the Chief Legal Officer, ...


Apply Now ›
Go to Lawjobs