State v. Ely
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The Supreme Court affirmed the order of the district court denying Defendant postconviction relief, holding that there was no merit to Defendant's ineffective assistance of counsel claims.
Defendant was convicted of first degree murder on a felony murder theory and use of a deadly weapon to commit a felony. Defendant filed multiple motions for postconviction relief, which the district court denied without a hearing. On appeal, the Supreme Court found that Defendant was entitled to an evidentiary hearing on his claims of ineffective assistance of trial counsel for counsel's failure to advise him of his right to testify and ineffective assistance of appellate counsel for counsel's failure to assert on appeal that his right to self-representation was violated at trial. On remand, the district court found that Defendant was not entitled to relief. The Supreme Court reversed, holding that the trial court did not commit reversible error in denying relief on Defendant's two remaining claims.
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