State v. CollinsAnnotate this Case
The Supreme Court affirmed the district court’s order denying Appellant’s motion for postconviction relief, holding that Appellant failed to allege sufficient facts supporting the majority of his claims and that his remaining claims were without merit.
Appellant pled no contest to first degree sexual assault and was sentenced to ten to fifteen years’ imprisonment with credit for time served. The Supreme Court affirmed on appeal. Appellant then filed a motion for postconviction relief, alleging ineffective assistance of counsel. The district court denied relief without an evidentiary hearing, concluding that Appellant’s claims were either insufficiently pled or without merit. The court also denied Appellant’s request for appointment of postconviction counsel. The Supreme Court affirmed, holding (1) Appellant did not allege facts sufficient to entitle him to an evidentiary hearing on his postconviction claim; and (2) the district court did not abuse its discretion in declining to appoint counsel.