S-17-0870 State v. Avery Tyler (Appellant)
District Court of Douglas County, Hon. Duane C. Dougherty
Civil: Postconviction relief
Attorneys: Erin E. Tangeman (Attorney General’s Office) --- Michael J. Wilson & Glenn Shapiro (Schaefer Shapiro, LLP)
Proceedings below: The district court denied Appellant’s motion for postconviction relief without an evidentiary hearing.
Issues: The trial court erred in 1) concluding that Appellant's prosecutorial misconduct claims are procedurally barred because the record does not support the trial court's finding that they could
have been asserted on direct appeal and, in the alternative, Appellant alleged he received ineffective assistance of counsel when counsel failed to raise the claims in his direct appeal, 2) concluding that the record, as well as Appellant 's own allegations, refuted Appellant 's claim that his constitutional right to a fair trial was violated by the prosecutors' knowing use of King's false testimony, 3) concluding that Appellant 's claims of prosecutorial misconduct during closing argument do not warrant an evidentiary hearing because the record does not affirmatively disprove Appellant 's allegations that the improper comments misled the jury and prejudiced his constitutional rights, and 4) denying Appellant an evidentiary hearing on his claims of ineffective assistance of trial counsel because: (1) objections to the alleged prosecutorial misconduct would have had merit; and (2) Appellant alleged sufficient facts to establish a reasonable probability that the outcome would have been different.