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CARTER v. STATE

No. S-09-0181.

241 P.3d 476 (2010)

2010 WY 136

Jeffery Lee CARTER, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

Supreme Court of Wyoming.

October 14, 2010.

Attorney(s) appearing for the Case

Representing Appellant: Michael H. Reese , Contract Appellate Counsel, of Michael Henry Reese, P.C., Cheyenne, Wyoming.

Representing Appellee: Bruce A. Salzburg , Wyoming Attorney General; Terry L. Armitage , Deputy Attorney General; D. Michael Pauling , Senior Assistant Attorney General; Jenny L. Craig , Assistant Attorney General. Argument by Ms. Craig.

Before KITE, C.J., and GOLDEN, HILL, VOIGT, and BURKE, JJ.

VOIGT, Justice.

[¶ 1] Jeffery Lee Carter (Carter) was tried by a jury and convicted of the second-degree murder of Johnny Shane Moody (Moody). Carter appeals from the Judgment and Sentence, arguing prosecutorial misconduct and ineffective assistance of trial counsel. Finding no prejudicial error, we affirm.

ISSUES

[¶ 2] 1. Did the prosecutor commit misconduct by referring to Carter as the "black guy" and Moody as the "white guy?"

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