State v. TaylorAnnotate this Case
The Supreme Court affirmed the order of the district court overruling Defendant’s postconviction motion claiming ineffective assistance of counsel without an evidentiary hearing and without appointing counsel, holding that the district court did not abuse its discretion.
Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. Defendant later filed a pro se motion for postconviction relief setting forth three claims of ineffective assistance of trial counsel. The district court rejected each of Defendant’s claims. The Supreme Court affirmed, holding that the district court (1) did not err when it overruled Defendant’s postconviction motion without an evidentiary hearing because Defendant failed to show prejudice from trial counsel’s alleged errors; and (2) did not abuse its discretion in denying Defendant’s motion to appoint counsel because the postconviction proceeding contained no justiciable issue of law or fact.