Butler v. State
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After a jury trial, Appellant Ellis Butler was convicted of three counts of rape and four counts of violation of a minor in the first degree. The case was retried, and Appellant was convicted of three counts of rape. After retrial, Appellant was sentenced twenty years longer on each count of rape than he had originally been sentenced. Appellant filed a petition for postconviction relief, alleging ineffective assistance of counsel. On the second remand, the circuit court denied Appellant's petition. The Supreme Court affirmed, holding that the circuit court did not clearly err in rejecting Appellant's arguments that trial counsel was ineffective (1) for failing to object, move for mistrial, or move for a reduction of sentence on the basis of vindictive sentencing; (2) for failing to specifically inquire, object, or move for mistrial when the trial court had communications with a juror and when the trial judge gave an implied dynamite charge; (3) for failing to move to strike a potential juror for cause during voir dire; and (4) for referring during voir dire to the fact that Appellant had previously been tried for rape.
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