Burke v. State

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The Supreme Court affirmed the hearing justice’s denial of Appellant’s application for postconviction relief seeking leave to withdraw his guilty pleas to breaking and entering and larceny charges. The breaking and entering and larceny pleas were entered in 1994, and Appellant had since served his entire sentence with respect to those cases. The Supreme Court concluded that the relief Appellant sought was the vacating of his 2008 guilty plea to second-degree murder and the dismissal of his 2004 murder indictment. The Supreme Court held (1) the 2004 murder charge and Appellant’s eventual guilty plea were not properly before the court; and (2) Appellant’s contention of ineffective assistance of counsel was not properly before the court. View "Burke v. State" on Justia Law