Harris v. Fluke
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The Supreme Court affirmed the judgment of the habeas court dismissing Appellant's application for habeas corpus relief alleging ineffective assistance of counsel, holding that there was no error.
Defendant was convicted of one count of third-degree rape. On appeal, Defendant asserted that plain error occurred in the prosecutor's alleged vouching of the victim during closing argument. The Supreme Court affirmed. Defendant later filed an application for habeas corpus relief, alleging ineffective assistance of counsel (IAC) based, in part, on trial counsel's failure to object to the prosecutor's alleged misconduct. The habeas court denied relief. The Supreme Court affirmed, holding (1) the habeas court properly dismissed Defendant's IAC claim related to the prosecutor's improper vouching was res judicata; and (2) this Court lacked jurisdiction to consider Defendant's remaining IAC claim.
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