State v. Fisher

The opinion of the Court was delivered by

GARIBALDI, J.

This case involves defendant Lloyd Fisher’s petition for post-conviction relief (PCR). Defendant was charged with possession of cocaine. His counsel filed a motion to suppress; however, defendant failed to appear in court on the return date of the motion, and a warrant was issued for his arrest. Counsel then withdrew the motion. When defendant was subsequently arrested, his counsel did not refile the motion. Defendant claims that his counsel’s failure to refile the motion to suppress denied him effective assistance of counsel. The Court…