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NGUYEN v. STATE

No. 04-0223.

707 N.W.2d 317 (2005)

Phouc NGUYEN, Appellee, v. STATE of Iowa, Appellant.

Supreme Court of Iowa.

December 23, 2005.

Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Linda J. Hines, Assistant Attorney General, John P. Sarcone, County Attorney, and George Karnas and Joe Weeg, Assistant County Attorneys, for appellant.

Jeffrey T. Mains of Mains Law Office, P.L.C., Des Moines, for appellee.

CADY, Justice.

In this appeal, we primarily consider whether trial counsel's failure to object to prosecutorial misconduct condemned in State v. Graves, 668 N.W.2d 860 (Iowa 2003), resulted in prejudice sufficient to support postconviction relief. The district court granted postconviction relief. It found that questions the prosecutor asked the defendant during cross-examination in a murder case involving the defense theory...

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