State v. Banks

In 2007, Appellant was convicted of first degree murder and sentenced to life imprisonment. The Supreme Court affirmed. In 2011, Appellant filed a pro se motion for postconviction relief, alleging that his trial counsel provided ineffective assistance. The district court overruled Appellant’s motion in an order issued in 2012. Appellant then filed an amended pro se motion for postconviction relief, again alleging ineffective assistance of counsel. The district court overruled the motion without holding an evidentiary hearing. The Supreme Court affirmed, holding (1) the Court lacked jurisdiction to consider any assignments of error related to the claims that were denied in the 2012 order; and (2) the district court did not err in denying Appellant’s amended motion without an evidentiary hearing. View "State v. Banks" on Justia Law