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State v. Mr. C (DMC No. 7772)

CONVICTION REVERSED PCR (Rule 32) (15 YEAR PRISON SENTENCE)/ FELONY AGGRAVATED ASSAULT (DANGEROUS) RESULTING in BLINDNESS in EYE– State v. Mr. C (DMC No. 7772) (Maricopa County Superior Court No, CR2004-018577): Mr. C was accused of viciously attacking his wife while in an argument and jamming both thumbs into her eyes into an attempt to blind her. He proceeded to Trial and his Trial Attorney argued that the victim had injured herself by falling and striking her face on a towel rack or a bath tub. Mr. C was ultimately convicted and sentenced to 15 years in prison. His mother then hired DM Cantor to file a Post Conviction Relief Petition under Rule 32 of the Arizona Rules of Criminal Procedure.

We showed the Trial Judge that the original Trial Attorney had conducted no interviews. In addition, he had made statements during closing argument that Mr. C “could have probably done that.” We argued that Mr. C’s Trial Attorney was “ineffective” by not interviewing witnesses, and that he also argued for the State and in contradiction to Mr. C’s theory of the case. The Judge agreed, and Reversed Mr. C’s Conviction in its entirety.

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