Heroff v. Coursey

Defendant appeals from a judgment granting petitioner post-conviction relief based on the post-conviction court’s determination that petitioner’s criminal trial counsel provided inadequate assistance of counsel in failing to move to strike and request a curative jury instruction regarding testimony by a county sheriff that vouched for the credibility of the victim in the criminal case. Petitioner cross-appeals the denial of post-conviction relief based on counsel’s failure to object to parts of the state’s closing argument to the jury in the criminal trial. We conclude that the court erred in…