Rose v. State
Annotate this CaseAfter a jury trial, Defendant was convicted of aggravated kidnapping, assault with a weapon, and assault on a peace officer. The Supreme Court upheld Defendant's convictions. Defendant subsequently filed a petition for postconviction relief, alleging that his trial and appellate counsel provided ineffective assistance. The district court dismissed Defendant's petition. The Supreme Court affirmed, holding that that the district court did not err by denying Defendant's postconviction relief claim alleging that (1) Defendant's trial counsel provided ineffective representation during plea negotiations, as Defendant could not show prejudice by asserting an incorrect or overruled legal principle as the basis for his claim of ineffective assistance; (2) Defendant was denied access to counsel during an overnight recess; and (3) Defendant's appellate counsel provided ineffective representation by failing to raise certain issues on appeal.
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