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Clary v. The State

The evidence supported defendant's convictions for two counts of first-degree arson, concealing the death of another and three counts of theft by bringing stolen property into the State and defense counsel was not deficient in failing to object to statements the prosecutor made during closing argument, as the statements were not improper.

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Doyle, Presiding Judge.Following a jury trial, Chelsea Brooke Clary was convicted of two counts of first-degree arson,[1] concealing the death of another,[2] and three counts of theft by bringing stolen property into the State.[3] Clary appeals the subsequent denial of her motion for new trial, arguing that the evidence was insufficient to support the verdict; trial counsel was ineffective; and the trial court erred by failing to give a curative instruction following improper closing argument by the State. For the reasons that follow, we affirm.   On appeal, the

appellant is no longer presumed innocent[,] and all of the evidence is to be viewed in the light most favorable to the jury verdict. This Court does not reconsider evidence or attempt to confirm the accuracy of testimony. Assessing a witness’s credibility is the responsibility of the factfinder, not this Court. Instead, we review the case to determine if the evidence, when viewed in the light most favorable to the prosecution, supports the verdict. Upon review of the sufficiency of the evidence, the relevant question is whether, after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt.[4]

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