Wilson v. Premo

In this post-conviction case, petitioner contends that he received inadequate assistance of counsel in his underlying trial for first-degree rape. Petitioner was charged with four counts of raping his niece, C.1 At trial, the state presented evidence of multiple incidents that would have supported a conviction for first-degree rape. However, at no point did the state elect which incident was to form the basis for any particular charge, nor did petitioner’s attorney request a jury concurrence instruction, also commonly known as a “Boots” instruction, informing the jury that at least 10 members…