State v. Payne

In these postconviction proceedings, the Supreme Court vacated the order of the district court on remand from the Supreme Court, holding that the district court misinterpreted the directions on remand and entered an order that exceeded the scope of the Supreme Court’s mandate.On Appellant’s first appeal from postconviction proceedings before the district court, Appellant alleged that his trial attorneys were ineffective. The district court denied the motion without an evidentiary hearing. The Supreme Court reversed and remanded the cause for further proceedings. On appeal, the district court issued an order finding that the “sole” issue for evidentiary hearing was whether Appellant’s trial counsel was ineffective for failing to file a direct appeal. On appeal, the Supreme Court held that the order entered by the district court on remand was void because it attempted to affect rights and duties outside the scope of remand. View "State v. Payne" on Justia Law