State v. Payne

Pursuant to a plea agreement, Defendant pled no contest to first degree sexual assault of a child. Defendant did not file a direct appeal. Defendant later filed a second amended motion for postconviction relief, alleging that his trial counsel were ineffective for, among other things, advising him to plead no contest. The district court denied the motion without an evidentiary hearing, concluding that Defendant’s claims were procedurally barred due to his failure to file a direct appeal. The Supreme Court reversed, holding that Defendant’s claims were not procedurally barred because Defendant’s trial counsel was still serving as counsel during the period in which the direct appeal could have been filed. Remanded. View "State v. Payne" on Justia Law