State v. Sellers
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of first degree murder, one count of attempted first degree murder, and three counts of use of a deadly weapon to commit a felony. The Supreme Court affirmed the convictions and sentences on direct appeal. Defendant then moved for postconviction relief, alleging ineffective assistance of trial and appellate counsel. The district court denied postconviction relief without an evidentiary hearing, concluding that Defendant’s allegations consisted solely of conclusory statements. The Supreme Court affirmed, holding (1) Defendant’s assertions of ineffective assistance of counsel failed to establish any prejudice resulting from the alleged deficiencies of his counsel; and (2) Defendant’s claim of instructional error was not presented as a claim of ineffective assistance of counsel before the district court and was therefore not preserved for review.
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