Chao v. State

I agree that Chao is entitled to post-conviction relief under Williams. I write separately, however, because among the issues to be determined after remand is whether the State elects to prosecute Chao for felony murder at a new trial consistent with Williams.

Typically, when a defendant succeeds on a post conviction relief motion, the matter is set for a new trial.1 In some situations, however, such as when the State stipulates or otherwise agrees to sentencing for a lesser-included crime, a new trial is not necessary. While that ultimately may be the case here, there is no indication in the…