This Court reviews a post-conviction court's findings regarding ineffective assistance of counsel as a mixed question of law and fact. McGhee v. State , 482 Md. 48, 66, 284 A.3d 777 (2022) ; State v. Syed , 463 Md. 60, 73, 204 A.3d 139 (2019), reconsideration denied (Apr. 19, 2019), cert. denied , Syed v. Maryland , ––– U.S. ––––, 140 S. Ct. 562, 205 L.Ed.2d 356 (2019) ; see also Harris v. State , 303 Md. 685, 698, 496 A.2d 1074 (1985). The factual findings of the post-conviction court are reviewed for clear error, and the legal conclusions are reviewed de novo .
The legal conclusions, however, are reviewed de novo." McGhee v. State, 482 Md. 48, 66 (2022) (quoting Wallace v. State, 475 Md. 639, 653 (2021))
In general, new principles of law are not applied retroactively. McGhee v. State, 482 Md. 48, 68 (2022). That would mean that the possibly warrantless use of the simulator would not yet have been declared illegal.
The legal conclusions, however, are reviewed de novo." McGhee v. State, 482 Md. 48, 66 (2022) (quoting Wallace v. State, 475 Md. 639, 653 (2021))
The factual findings of the post-conviction court are reviewed for clear error. The legal conclusions, however, are reviewed de novo." McGhee v. State, 482 Md. 48, 66 (2022) (quoting Wallace v. State, 475 Md. 639, 653 (2021)). "The Sixth Amendment to the United States Constitution and Article 21 of the
The legal conclusions, however, are reviewed de novo." McGhee v. State, 482 Md. 48, 66 (2022) (quoting Wallace v. State, 475 Md. 639, 653 (2021) (cleaned up). We make our own "independent examination of the case[,]" [] "'re-weigh[ing] the facts as accepted in order to determine the ultimate mixed question of law and fact[.]'" Coleman v. State, 434 Md. 320, 331 (2013) (quoting Harris v. State, 303 Md. 685, 698 (1985)); see also Strickland v. Washington, 466 U.S. 668, 698 (1984) ("[B]oth the performance and prejudice components of the ineffectiveness inquiry are mixed questions of law and fact.").