State v. SmithAnnotate this Case
After a jury trial, Defendant was found guilty of attempted second degree murder, first degree assault, and use of a weapon to commit a felony. The Court of Appeals reversed. The Supreme Court affirmed, holding that Defendant was entitled to a new trial at which the jury could be instructed on the distinction between second degree murder and voluntary sudden quarrel manslaughter. The district court subsequently granted Defendant’s motion for new counsel. Defendant then pled no contest to the amended charge of attempted voluntary manslaughter. Defendant subsequently filed a motion for postconviction relief, alleging several claims of error. The district court denied the motion without an evidentiary hearing. The Supreme Court affirmed, holding (1) the district court did not err in denying Defendant’s motion for postconviction relief without an evidentiary hearing despite Defendant’s claims of ineffective assistance of appellate counsel; (2) Defendant’s allegation that the district court erred in hearing his claims of ineffective assistance of appellate counsel at the hearing on his motion for new counsel prior to his motion for postconviction relief had no merit; and (3) there was no plain error.