STATE v. STROUSE

No. 24268.

992 P.2d 158 (1999)

133 Idaho 709

STATE of Idaho, Plaintiff-Respondent, v. Jeffrey R. STROUSE, Defendant-Appellant.

Supreme Court of Idaho, Lewiston, October 1999 Term.

December 16, 1999.


Attorney(s) appearing for the Case

Jeffrey S. Barkdull and Dan B. Johnson, Spokane, Washington, for appellant. Dan B. Johnson argued.

Hon. Alan G. Lance, Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.


SCHROEDER, Justice.

Jeffrey Strouse (Strouse) was convicted of aggravated battery. He appeals, claiming improper use of his post-Miranda silence, failure of the trial court to allow a continuance of the trial, ineffective assistance of counsel and failure to grant a new trial.

I.

BACKGROUND AND PRIOR PROCEEDINGS

In the early afternoon of September 9, 1995, Mike Gunderson (Gunderson) was seriously injured by a shotgun blast to his...

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