State v. Stelly
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The Supreme Court affirmed the order of the district court denying Defendant's pro se motion for postconviction relief without holding an evidentiary hearing, holding that Defendant's claims were all either procedurally barred, based upon mere conclusions of fact and law, or refuted by the trial record.
Defendant was convicted of first degree murder and other offenses. In his pro se motion for postconviction relief, Defendant argued (1) law enforcement extracted information from his cell phone before the crime occurred and unlawfully searched the phone before obtaining a warrant, (2) the State committed a Brady violation, (3) there were various acts of prosecutorial misconduct committed during trial, and (4) both trial counsel and appellate counsel were ineffective. The Supreme Court affirmed the district court's denial of postconviction relief, holding that there was no merit to Defendant's assignments of error.
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