Gaede v. State, 801 N.W.2d 707

Gaede was convicted in 2006 of murdering Timothy Wicks and sentenced to life without parole.
State’s theory: Gaede lured Wicks to North Dakota; Fruge testified; body disposed in Michigan.
We affirmed the conviction in State v. Gaede, 2007 ND 125, 736 N.W.2d 418.
In October 2008 Gaede filed a multi-issue post-conviction relief petition under N.D.C.C. ch. 29-32.1; counsel was appointed.
District court dismissed several issues, held an evidentiary hearing on remaining claims, and Gaede supplemented to include ineffective appellate counsel claims.
On appeal, Gaede alleges ineffective assistance related to biblical references in closing arguments; the court affirmed the denial of post-conviction relief.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Biblical references in closing arguments and IA claim	Gaede contends trial/appellate counsel ineffective for use/allowance of biblical references.	State contends references were literary, not improper, and did not prejudice Gaede.	No ineffective assistance or prosecutorial misconduct; no reversal.

State v. Kruckenberg, 758 N.W.2d 427 (ND 2008) (prosecutorial misconduct analysis; prejudice required)
State v. Ash, 526 N.W.2d 473 (ND 1995) (prosecutorial references not always reversible)
State v. Clark, 678 N.W.2d 765 (ND 2004) (biblical references in closing arguments; guilt phase considerations)
Laib v. State, 705 N.W.2d 845 (ND 2005) (mixed question; trial court findings reviewed for clear error)
Jacob v. State, 782 N.W.2d 61 (ND 2010) (ineffective assistance standard application)
Flanagan v. State, 712 N.W.2d 602 (ND 2006) (ineffective assistance framework adoption)