Joseph v. United States

KING, Senior Judge:

In this appeal, Quincy Joseph argues that the trial court abused its discretion in denying without a hearing his motion to vacate, set aside, or correct sentence filed pursuant to D.C.Code § 23-110 (2001), and in failing to rule on his claim that trial counsel was ineffective in not advising appellant to maintain his initial guilty plea prior to its successful withdrawal. Because an evidentiary hearing is necessary to resolve disputed material facts, we remand the record for further proceedings.

I

A. FACTS

According to the government’s evidence, on the evening of December 27,…