State v. Collins

Defendant was convicted of first degree sexual assault of a person at least twelve but less than sixteen years of age. Defendant filed a direct appeal, but his appeal was dismissed due to the untimely payment of a docket fee or the granting of in forma pauperis status. Defendant subsequently filed a motion seeking postconviction relief, alleging that his trial counsel was ineffective for failing to file a direct appeal and for various actions made or not made at trial. The district court denied most of Defendant’s motion without a hearing. Following an evidentiary hearing, however, the court awarded Defendant a new direct appeal. This was that appeal. The Supreme Court affirmed, holding (1) the Court had jurisdiction to decide to decide this appeal; (2) Defendant’s sentence was not excessive; and (3) Defendant could not show that he was prejudiced by any deficient conduct on the part of trial counsel. View "State v. Collins" on Justia Law