Goode v. StateAnnotate this Case
The Supreme Court affirmed the decision of the district court denying Appellant’s application for postconviction relief (PCR), holding that Appellant’s requested remand for a new hearing was not available and that Appellant’s claim that his postconviction counsel was ineffective must be brought in a separate application for PCR.
In his application for PCR Appellant sought to vacate his conviction based on newly discovered evidence. The district court denied the PCR application and rejected Appellant’s ineffective assistance of counsel claim. On appeal, Appellant argued that the district court improperly dismissed his PCR application because his postconviction counsel failed to present physical evidence at the PCR hearing to support his claim. Therefore, Appellant asked that his PCR application be remanded to the district court for a new hearing. The Supreme Court affirmed, holding that no error occurred, that the request made to remand the case failed, and that Appellant must raise his claim of ineffective assistance of postconviction counsel in a separate application for PCR.