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00-2792-CR State v. Rodgriguez

By: dmc-admin//June 18, 2001//

00-2792-CR State v. Rodgriguez

By: dmc-admin//June 18, 2001//

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Angel Rodriguez appeals, following a jury trial, from a judgment convicting him of attempted first-degree intentional homicide and burglary, both while armed with a dangerous weapon, and from an order denying his motion for postconviction relief. Rodriguez claims he was denied effective assistance of counsel when his trial attorney failed to object to the prosecutor’s statements and questions concerning Rodriguez’s post-arrest, post-Miranda1 silence. He also seeks a new trial on grounds that the alleged prosecutorial misconduct constitutes plain error, and that the real controversy has not been fully tried. We reject these arguments and affirm. This opinion will not be published.

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