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Carryl v. State

Superior Court of Maine, Cumberland

November 22, 2016

FITZGERALD CARRYL, Petitioner
v.
STATE OF MAINE Respondent

          ORDER ON PETITION FOR POST-CONVICTION REVIEW

          Nancy Mills Justice, Superior Court

         Before the court is Mr. Carryl's petition for post-conviction review. In the petition, he alleges the following:

1. trial counsel did not provide all discovery to petitioner;
2. trial counsel failed to file pretrial motions;
3. trial counsel did not negotiate adequately with the State;
4. trial counsel told petitioner that if he delayed resolution of the case or did not cooperate with the authorities, his case could be prosecuted federally;
5. trial counsel failed to inform petitioner that a plea would preclude an appeal of the decision on the motion to suppress;
6. trial counsel did not believe petitioner would receive a fair trial based on his race but did not discuss with petitioner the jury selection process;
7. trial counsel did not discuss trial strategies with petitioner; and
8. trial counsel did not hire a private investigator.

         For the following reasons, the petition is denied.

         Background

         On 1/11/13, defendant was indicted on five charges: possession of a firearm by a prohibited person, class C; reckless conduct, class C; assault on an officer, class C; attempted theft, class C; and escape, class B. On 2/4/13, defendant filed a motion to suppress the search of his vehicle and the fruits of the search. After hearing on 4/18/13, the motion was denied.

         On 5/13/13, the petitioner pleaded guilty to possession of a firearm by a prohibited person, class C; reckless conduct, class C; and attempted theft, class C. Charges of assault on an officer, class C and escape, class B were dismissed by the State as part of ...


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