State v. Greene
Annotate this CaseAfter a jury trial, Defendant was convicted of burglary while in the possession of a deadly weapon and related counts. The Supreme Court identified certain errors in Defendant's sentence on direct appeal and remanded for a new sentencing hearing. After Defendant was resentenced, he filed five successive post-conviction petitions for a writ of habeas corpus. The district court granted Defendant's untimely and successive fifth petition, concluding that he received ineffective assistance of counsel at his resentencing hearing and ordering a new sentencing hearing. The Supreme Court reversed, holding that the district court erred in determining that Defendant established good cause sufficient to excuse the procedural bars to a consideration of his habeas petition on the merits. Remanded.
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