Upshaw v. State

Timothy Upshaw appeals the summary denial of his motion for postconviction relief. We find that one of the several claims raised in the motion presents a prima facie showing of entitlement to relief, and so reverse for further proceedings regarding that one claim.

Upshaw, who pled guilty to two counts of first degree murder in exchange for life sentences, now maintains that his trial attorney provided ineffective assistance. Specifically, he alleges that counsel failed to move the suppression of Upshaw’s confession to the two crimes, although counsel knew or should have known that the…