In re FitzGerald

¶ 1. Petitioner Gregory FitzGerald appeals from a superior court order granting the State’s motion for summary judgment and dismissing his petition for post-conviction relief from a 1994 conviction of first-degree murder. Petitioner contends the court erred by (1) shifting the burden of proof from the State to the petitioner on his claims of prosecutorial misconduct and ineffective assistance of counsel and (2) declining to resentence petitioner in accordance with the United States Supreme Court ruling in Apprendi v. New Jersey, 530 U.S. 466 (2000). Petitioner raises several additional claims…