Herrick v. State

Daniel Herrick appeals the summary denial of his motion for postconviction relief. We affirm in part and reverse in part.

The motion raises five separate issues, three of which should have been argued (if at all) on direct appeal. As to Herrick’s claim of ineffective assistance of counsel, we agree with the trial court that Herrick’s allegations are insufficient on their face. Only the remaining claim merits further consideration.

Herrick alleges that a key prosecution witness, one Michael Dino Brown, testified falsely after having been threatened by the state. Attached to the motion are two…