State v. MaloneAnnotate this Case
The Supreme Court affirmed the judgment of the trial court denying Defendant's motion for postconviction relief, holding that the arguments contained in Defendant's appeal were without merit.
Defendant was convicted of motor vehicle homicide, manslaughter, leaving the scene of a personal injury accident resulting in serious bodily injury or death, and driving without an ignition interlock device. Defendant brought a postconviction action challenging his convictions, arguing that at trial and on direct appeal his counsel provided ineffective assistance and that the prosecutor committed misconduct. While Defendant's appeal was pending he filed an application to remand for a hearing to determine whether to amend three alleged misstatements in the bill of exceptions. The district court denied relief on all of Defendant's claims. The Supreme Court affirmed, holding that the district court did not err in denying Defendant's motion to amend the bill of exceptions and did not err in overruling his motion for postconviction relief without a hearing.