Butler v. State

Butler v. State, No. 1343, September Term, 2021. Opinion by Zarnoch, Robert A., J. INEFFECTIVE ASSISTANCE OF COUNSEL – DEFICIENT PERFORMANCE OF DEFENSE COUNSEL – Failure to timely file a motion for modification or reduction of sentence is constitutionally deficient performance by counsel. INEFFECTIVE ASSISTANCE OF COUNSEL – PREJUDICE – A failure by defense counsel to file a motion to modify is presumptively prejudicial because the defendant has lost the opportunity to have a reconsideration of sentence hearing. INEFFECTIVE ASSISTANCE OF COUNSEL – PREJUDICE – Where the circuit court rejects a…