[Download] "State v. Silvers" by Court of Criminal Appeals of Oklahoma # Book PDF Kindle ePub Free
eBook details
- Title: State v. Silvers
- Author : Court of Criminal Appeals of Oklahoma
- Release Date : January 04, 1998
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
In 1986, following a fire at his home that caused the death of his stepdaughter, Thomas J. Silvers pled guilty to first degree arson and first degree felony murder and is currently serving sentences for those convictions. In this action filed in the district court for Buffalo County, Silvers sought post-conviction relief on two theories: (1) The arson conviction violated double jeopardy because arson is an underlying felony of first degree felony murder, and (2) he was denied effective assistance of counsel because his attorney failed to file a motion to suppress evidence seized by fire and police officials without warrants at various times after the fire and failed to inform him of the viability of such a motion. The district court allowed the State 30 days to show cause or request a hearing as to why the court should not summarily dismiss the arson conviction based upon a violation of double jeopardy. However, the court denied Silvers; request for relief regarding the felony murder conviction on the basis that Silvers; pleadings did not allege sufficient facts to justify an evidentiary hearing. We conclude that Silvers; pro se motion alleges sufficient facts to state a claim for post-conviction relief and that it cannot be determined from the files and records before us that he is not entitled to such relief. Accordingly, we reverse, and remand with directions that Silvers be granted an evidentiary hearing with the assistance of appointed counsel.