State v. Roseberry
Annotate this CaseAfter a jury trial, Defendant was found guilty of first-degree murder and sentenced to death. The Supreme Court affirmed the convictions and sentences. Defendant later filed a petition for post-conviction relief (PCR), asserting that his appellate counsel was ineffective for failing to timely raise on appeal the issue of an unconstitutional jury instruction. The superior court denied the claim, concluding (1) Defendant was precluded from arguing the issue because it could have been, but was not, raised on appeal; and (2) any prejudice caused by appellate counsel’s failure to timely raise the issue on appeal was cured by the Supreme Court’s independent review of Defendant’s convictions and sentences. The Supreme Court affirmed, holding that the PCR court did not abuse its discretion in denying relief because counsel’s failure to timely raise the issue on appeal did not prejudice Defendant.
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