State v. Pederson, 2011 ND 155

Gaede was convicted in 2006 of murdering Timothy Wicks and sentenced to life imprisonment without parole.
The State alleged Gaede lured Wicks to North Dakota and disposed of the dismembered body in Michigan; the conviction was affirmed in 2007.
In October 2008 Gaede filed a post-conviction relief action under N.D.C.C. ch. 29-32.1 alleging multiple claims with counsel appointed.
The district court dismissed five issues on res judicata/misuse of process grounds and held an evidentiary hearing on the remaining issues.
Gaede supplemented the application to plead ineffective assistance of appellate counsel for not raising meritorious issues on direct appeal.
After an evidentiary hearing the district court denied post-conviction relief and the appellate court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Biblical references in closing arguments constitute misconduct?	Gaede argues trial and appellate counsel ineffective due to biblical references.	State contends references were literary, not a religious authority appeal.	No prosecutorial misconduct; no ineffectiveness.

State v. Kruckenberg, 758 N.W.2d 427 (N.D. 2008) (courts scrutinize prosecutorial misconduct in closing arguments for due process impact)
State v. Ash, 526 N.W.2d 473 (N.D. 1995) (biblical references in closing arguments not per se reversible error)
State v. Clark, 678 N.W.2d 765 (N.D. 2004) (closing argument references to biblical/ religious themes may be permissible if not appealing to religious authority)