Genevieve Krueger v. St. Josephs Hospital

This is an appeal from the denial, after an evidentiary hearing, of Michael J. Sims motion for post-conviction relief to set aside his 1998 convictions for first degree murder, attempted first degree murder, and two counts of use of a deadly weapon to commit a felony. Sims alleged that he was denied his right to effective assistance of counsel because trial counsel failed to file a motion for discharge asserting Sims right to a speedy trial. Sims also alleged that trial counsel was ineffective in failing to object to the impermissible impeachment of his trial testimony by reference to his post-arrest, post-Miranda silence, in violation of Doyle v. Ohio, 426 U.S. 610, 96 S.Ct. 2240, 49 L.Ed. 2d 91 (1976). Sims asserts that the post-conviction judge, who was also the trial judge, erred in denying his plea for post-conviction relief and also erred by refusing to recuse himself in order to testify concerning the scheduling of Sims trial for speedy trial purposes.