State v. Wittal
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The Supreme Court affirmed the judgment of the district court finding Defendant guilty of deliberate homicide, holding that Defendant was not entitled to his relief on his argument that defense counsel was ineffective.
On appeal, Defendant argued that his counsel provided ineffective assistance by objecting to a jury instruction that accomplice testimony must be viewed with distrust and must be corroborated. The Supreme Court affirmed, holding that the record was not sufficiently developed to determine whether Defendant's objection was a reasonable tactical decision. Consequently, the Court concluded that Defendant must pursue his ineffective assistance of counsel claim in a properly presented petition for postconviction relief.
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