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Try CasePortal for FreeJ. Welbaum finds the lower court erroneously denied defendant's motion for a hearing on postconviction relief claims of ineffective assistance of counsel. He was not required to provide definitive proof of deficient performance; rather, a defendant must only make a plausible claim based on evidence outside the trial court record to be entitled to a hearing, and because defendant met this threshold, the case will be remanded for an evidentiary hearing. Reversed in part.
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