State v. Littrup

Kirk Littrup appeals a postconviction order denying reconsideration of his sentence for second-degree murder. He argues that the state's presentence investigation report (PSI) was inaccurate and prejudicial, thereby violating his due process rights. Regarding this claim, he questions the burden of proof and who carries it. Littrup also argues that his trial counsel was ineffective because there was no motion for correction or suppression of the allegedly offensive report prior to sentencing.

We hold that a defendant carries the burden to prove by clear and convincing evidence that there was a…