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Richey v. State12/11/2002
e with the district court's concerns about the prosecutor's opening statement, we find the evidence against applicant was so strong that he is unable to show a reasonable probability that but for the challenged remarks of the prosecutor there would have been a different verdict. We reverse the district court on this issue.
Applicant further contends, among other things, that trial counsel was ineffective in failing to preserve an alibi defense, to file a motion in limine to preclude evidence of the victim's good character and his bad, to object to Dr. Thomas Bennett offering an opinion on ballistics that exceeded the doctor's area of expertise, and for appellate counsel to waive the errors on direct appeal. This district court did not address these issues in its ruling. These claims do not support granting a new trial for applicant has failed to show the required prejudice.
REVERSED, VERDICT REINSTATED.
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