The state Supreme Court has ordered a Post Conviction Relief Act court to hold a hearing to determine whether a defendant’s trial counsel had a reasonable excuse for not filing a post-trial motion for reconsideration of her client’s sentence.
The high court, in a per curiam order, said the state Superior Court “inappropriately presumed respondent’s counsel had no reasonable cause for not seeking reconsideration of respondent’s sentence” and “erred in presuming the respondent was prejudiced by counsel’s failure to file a post-sentence motion challenging the sentence.”
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