Ellerbe v. United States

Appellant Jackson T. Ellerbe appeals the denial without a hearing of his motion under D.C.Code § 28-110 (1981) to set aside his conviction by a jury of felony murder while armed, id. §§ 22-2401, -3202, attempted robbery while armed, id. §§ 22-2902, -3202, and carrying a pistol without a license, id. § 22-3204. He alleged in his pro se motion that his trial counsel had been ineffective because he had failed to file any pretrial motions to suppress and that his appellate counsel had been ineffective because he had not raised the claim of ineffective trial counsel in the direct appeal. In a pro…