Rogers v. State
Annotate this CasePetitioner appealed from an order of the district court denying his petition for post-conviction relief after he was convicted with two counts of sexual assault for touching the vaginal areas of his co-worker's two stepdaughters. At issue was whether petitioner received ineffective assistance of counsel during trial and on direct appeal, and whether prosecutorial misconduct violated petitioner's due process rights. The court affirmed the judgment of the district court denying petitioner post conviction relief and held that petitioner did not receive ineffective assistance of counsel relating to counsel's pretrial investigation, use of expert testimony, decisions regarding objections to vouching and prosecutorial misconduct, admissibility of evidence, and other objections to trial irregularities, as well as on appeal, where petitioner failed to demonstrate the two-part test established in Strickland v. Washington. The court also held that petitioner failed to raise claims of prosecutorial misconduct on direct appeal and could not raise them in post-conviction relief.
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