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· 5/13/2024

State of Minnesota v. Marcus Samuel Smith

Syllabus

Marcus Smith had been sending hostile messages to his former girlfriend before he broke through her chain-locked apartment door late one night carrying gasoline-soaked rags, fireworks, and a lighter. Smith now appeals from his consequent charge and conviction of two counts of threats of violence and one count of stalking, arguing that the evidence was insufficient for the jury to find him guilty of threatening violence, that the prosecutors engaged in misconduct, and that he received ineffective assistance of counsel. We hold that the alleged prosecutorial misconduct did not affect Smith's substantial rights and that he received competent trial representation. We also conclude that sufficient evidence supports the guilty verdict. We therefore affirm.

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