State v. Poe

After a jury trial, Defendant was convicted of first degree murder and use of a deadly weapon to commit a felony. The Supreme Court affirmed. Defendant later filed a motion for postconviction relief, alleging, among other things, that his trial counsel was ineffective. The district court overruled Defendant’s postconviction motion without holding an evidentiary hearing. The Supreme Court remanded the cause for an evidentiary hearing and directed the trial court to decide if Defendant’s trial counsel failed to utilize a statement the State’s key witness made to Defendant’s girlfriend to the effect that Defendant was innocent. On remand, the district court again overruled Defendant’s postconviction motion. The Supreme Court affirmed, holding that the court did not err by (1) excluding certain out-of-court statements on hearsay grounds; and (2) concluding that Defendant did not receive ineffective assistance of counsel. View "State v. Poe" on Justia Law