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DEVOSS v. STATE6/12/2002
e.
Given the conclusions we reach regarding the claims of prosecutorial misconduct and the ineffective assistance of counsel, we find that the district court did not abuse its discretion in refusing to allow DeVoss to call Maggio as a witness.
V. Disposition.
In sum, we conclude the State waived its error preservation claim. On the merits, we conclude DeVoss failed to establish her claims of prosecutorial misconduct and ineffective assistance of counsel. Additionally, we find the district court did not abuse its discretion in refusing to allow DeVoss to call Maggio as a witness. We therefore affirm the district court ruling on all of these issues.
DECISION OF COURT OF APPEALS VACATED; JUDGMENT OF DISTRICT COURT AFFIRMED.
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