State v. Heavygun
Annotate this CaseDefendant was found guilty of deliberate homicide, DUI, violation of an order of protection, criminal endangerment, driving while the privilege to do so was suspended or revoked, and tampering with physical evidence. At issue was whether defendant's right to be present at all critical stages of his criminal proceeding was violated and whether he received ineffective assistance of counsel. The court held that the district court did not commit reversible error when defendant was not allowed to be present at his omnibus hearing where, based on the facts, the court found that defendant suffered no prejudice as a result of his absence from the hearing. The court also held that the record did not demonstrate the reasoning behind any of the alleged errors committed by defendant's counsel and therefore, a postconviction proceeding would better address defendant's claims where the record could be fully developed.
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