Mickelson v. State

CAMPBELL, District Judge.

[T1] Luke Edward Mickelson appeals his conviction for unlawful possession with intent to deliver a controlled substance, contending the Court improperly admitted lay opinion testimony concerning Mr. Mickelson's level of intoxication, and that he was denied effective assistance of counsel. Finding no error, we affirm.

ISSUES

[12] Mr. Mickelson presents two issues for this Court's consideration:

I. Was trial defense counsel ineffective?

II. Did the testimony of two bartenders about intoxication invade the province of the trier of fact?

FACTS

[13] Mr. Mickelson had apparently…