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eBook details

• Title: Francis Joseph Sheeran v. State Delaware
• Author : Supreme Court of Delaware
• Release Date : January 27, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 76 KB

Description

HOLLAND, Justice In April, 1982, the defendant, Francis Joseph Sheeran, was convicted of two counts of Second Degree Criminal Solicitation following a jury trial in the Superior Court, in and for New Castle County. Various post-trial motions by Sheeran were denied. In January, 1984, Sheeran was sentenced to be imprisoned for a period of seven years on each count. Sheeran's direct appeal from these convictions was dismissed on jurisdictional grounds. Following the dismissal of the direct appeal, Sheeran's attorney moved for post-conviction relief in the Superior Court. The request for post-conviction relief was denied and an appeal was again dismissed on jurisdictional grounds. Sheeran filed another motion for post-conviction relief in the Superior Court. The basis of the second motion was a claim of ineffective assistance of counsel in failing to perfect Sheeran's direct appeal and/or an appeal from the initial denial of Sheeran's request for post-conviction relief. The State acknowledged the merit of Sheeran's claim of ineffective assistance of counsel. On April 30, 1986, the Superior Court approved a stipulation which vacated Sheeran's 1984 sentence and reimposed the same sentence. Sheeran filed a timely appeal from the 1986 order reimposing the sentence. On appeal, we are now requested to review the 1982 convictions.

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