2008-M-085             Jerome D. Nunn, petitioner, Appellant, vs. State of Minnesota, Respondent.

This case comes to us on appeal from the post-conviction court’s denial of appellant Jerome D. Nunn’s petition for post-conviction relief.  In 1996, Nunn was Convicted of the first-degree murder of Abdul Poe and the attempted first-degree murder of John Holmes.  We affirmed Nunn’s convictions on direct appeal In 199).  Ten years later, Nunn petitioned for post-conviction relief on the grounds that the prosecutor committed misconduct during closing argument and that Nunn’s appellate counsel was ineffective in failing to raise the prosecutorial misconduct issue on direct appeal.  The post-conviction court denied Nunn’s petition without holding an evidentiary hearing.  We affirm.

Because it is thus unlikely that any of Nunn's allegations of prosecutorial misconduct would have succeeded on the merits, we conclude that Nunn failed to establish that he received ineffective assistance of counsel on his direct appeal.  Accordingly, we hold that the post-conviction court did not err in denying Nunn's petition for post-conviction relief.

Gildea Magnuson, (Page, Paul Anderson, Meyer, Barry Anderson, and Dietzen)

[MURDER}