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Frazier v. State

The defendant failed to prove his ineffective assistance of counsel claim because, pretermitting whether counsel's performance was deficient, the defendant could not demonstrate prejudice in light of the overwhelming evidence of guilt.

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In October 2012, a jury convicted Steven Frazier of one count of rape and one count of false imprisonment. Frazier appeals from the denial of his motion for new trial, asserting that the trial court erred in allowing the State to impeach him with a prior rape conviction and that he received ineffective assistance of counsel. For the following reasons, we affirm.

Construed most strongly in support of the verdict, the evidence at trial showed that late in the evening of May 30, 1998, M. O. and her cousin were in their home watching television when M. O. received a call from her boyfriend. He asked M. O. to come over to his house, and because she did not have a car, M. O. called for a taxi. While waiting for the taxi to arrive, she noticed a white Ford pickup truck parked near her house. When the taxi did not arrive, M. O. decided to ask the driver of the truck, later identified as Frazier, if he would be willing to take her to her boyfriend’s house for $20, and he agreed.

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