Our decision in the instant appeal does not prevent Elliott from pursuing such a motion in the Superior Court and we, therefore, deny the motion. On July 12, , Elliott filed a motion to amend his appeal to include the contentions that his counsel was ineffective by failing to investigate the existence of exculpatory evidence, interview witnesses, conduct legal research and review records. To the extent these contentions were not already contained in Elliott's opening brief, we grant the motion in the interest of justice.
Elliott pleaded guilty to the charge of Assault in the Second Degree and the State dismissed the remaining charges. He was sentenced to 8 years incarceration at Level V, to be suspended after 4 years for decreasing levels of probation.
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Elliott did not file a direct appeal from his conviction or sentence. He filed several motions for modification of his sentence, all of which were denied, and one previous motion for postconviction relief, but did not appeal the Superior Court's denial of that motion. The instant appeal is from the denial of Elliott's second motion for postconviction relief.
When reviewing a motion under Rule 61, the Superior Court was required to first determine that the motion satisfied the procedural requirements of the rule before it addressed any substantive issues. Elliott's first postconviction motion claimed that his counsel was ineffective by failing to respond to his requests for a different judge for the sentencing hearing, the judge had a conflict of interest and the State engaged in malicious prosecution.
His second postconviction motion claimed that his counsel was ineffective by failing to respond to his requests for DNA testing on the weapon and an immigration status check on the victim and a witness. To the extent Elliott's motion included claims that were made in his first postconviction motion, such claims were procedurally barred as formerly adjudicated.
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To the extent Elliott's motion included claims that were not made in his previous postconviction motion, the motion was procedurally barred as repetitive. Bailey v. In order to prevail on this claim, Elliott must show that, but for his counsel's alleged errors, he would not have pleaded guilty and would have insisted on going to trial. The record reflects that Elliott was aware prior to accepting the plea that his counsel had not conducted DNA testing on the weapon and had not done an immigration status check on the victim and a witness. Despite that knowledge, however, he decided to plead guilty.
Others, particularly Mr. MADISON, were of opinion that the rule of the Confederation was a chimerical one, since, if the intervention of the individual states were employed, their interests would give a bias to their judgments, or that at least suspicions of such bias would prevail; and without their intervention, it could not be executed but at an expense, delay, and uncertainty, which were inadmissible; that it would perhaps be, therefore, preferable to represent these difficulties to the states, and recommend an exchange of this rule of dividing the public burdens for one more simple, easy, and equal.
The delegates from South Carolina generally, and particularly Mr. RUTLEDGE, advocated the propriety of the constitutional rule, and of an adherence to it, and of the safety of the mode in question arising from the honor of the states, The debates on the subject were interrupted by a letter from the superintendent of finance, informing Congress that the situation of his department required that a committee should be appointed, with power to advise him on the steps proper to be taken; and suggesting an appointment of one, consisting of a member from each state, with authority to give their advice on the subject.
This expedient was objected to as improper, since Congress would thereby delegate an incommunicable power, perhaps, and would, at any rate, lend a sanction to a measure without even knowing what it was, not to mention the distrust which it manifested of their own prudence and fidelity. It was, at length, proposed and agreed to, that a special committee, consisting of Mr.
Rutledge, Mr. Osgood, and Mr. Madison, should confer with the superintendent of finance on the subject of his letter, and make report to Congress. After the adjournment of Congress, this committee conferred with the superintendent; who, after being apprized of the difficulties which had arisen in Congress, stated to them that the last account of our money affairs in Europe showed that, contrary to his expectations and estimates, there were three and a half millions of livres short of the bills actually drawn; that further drafts were indispensable to prevent a stop to the public service; that, to make good this deficiency, there was only the further success of Mr.
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