State v. NewmanAnnotate this Case
The Supreme Court affirmed in part and reversed in part the district court’s denial of Appellant’s motion for postconviction relief without conducting an evidentiary hearing, holding that the district court erred in denying Appellant an evidentiary hearing on his claim that trial counsel was ineffective for failing to investigate and present certain alibi evidence.
Appellant was found guilty of two counts of first degree murder and other crimes. In his motion for postconviction relief, Appellant raised claims of ineffective assistance of counsel and a claim of actual innocence. The district court denied the postconviction motion without an evidentiary hearing. The Supreme Court reversed in part and remanded for an evidentiary hearing limited to Defendant’s claim relating to his alibi defense and otherwise affirmed.