Troy Dwayne Payne v. State

MELANSON, Chief Judge.

Troy Dwayne Payne appeals from the district court’s judgment summarily dismissing his petition for post-conviction relief. Specifically, Payne argues he raised a genuine issue of material fact regarding ineffective assistance of his trial counsel for failing to request jury instructions on two defenses— innocent or temporary possession and misfortune or accident. For the reasons set forth below, the district court’s order summarily dismissing Payne’s petition for post-conviction relief is affirmed in part, vacated in part, and remanded.

I

FACTS AND PROCEDURE

Without any…