State v. Polak
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The Supreme Court affirmed the judgment of the district court convicting Defendant of deliberate homicide with a weapons enhancement, holding that there were no grounds upon which to reverse Defendant's conviction.
On appeal, Defendant argued that the State engaged in prosecutorial misconduct in its opening and closing statement, resulting in plain error, and that his trial counsel provided ineffective assistance in several respects. The Supreme Court disagreed, holding (1) the prosecutor's challenged statements were proper; and (2) Defendant failed to establish that trial counsel provided record-based ineffective assistance of counsel, in violation of Defendant's constitutional rights.
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