Chappell v. State

The Supreme Court affirmed the order of the district court dismissing Appellant's third postconviction petition for a writ of habeas corpus, holding that the district court did not err in dismissing the petition.

Appellant was convicted of first-degree murder with the use of a deadly robbery and other crimes. After a penalty phase retrial, the jury returned a death sentence. Appellant later filed a third postconviction petition for a writ of habeas corpus, the petition at issue on appeal. The district court dismissed the petition as procedurally barred. The Supreme Court affirmed, holding (1) Defendant could not rely on the alleged ineffective assistance of first postconviction counsel as good cause and prejudice to raise grounds for relief from the guilt phase of his trial; (2) Defendant's ineffective assistance claims of second postconviction counsel lacked merit; and (3) Defendant failed to show that the failure to consider his claims would result in a fundamental miscarriage of justice sufficient to excuse the procedural bars to the petition.