State v. Martin

INMAN, Judge.

*727 This case arises from a motion for appropriate relief alleging ineffective assistance of counsel in the second of two criminal trials, the first trial having resulted in a hung jury on all but one charge. We hold that because the motion raised disputed issues of fact, the trial court was required to conduct an evidentiary hearing before denying relief, and we therefore reverse the order below and remand the matter.

*728 Defendant Todd Joseph Martin ("Defendant") appeals the order which denied his motion for appropriate relief ("MAR"), without holding an evidentiary hearing, on the…