Widermyre v. State

OPINION

RABINOWITZ, Justice.

This appeal primarily concerns the superior court’s denial of appellant’s second motion for post conviction relief under Criminal Rule 35(b). 1 In part, Criminal Rule 35(b) provided that:

Unless the motion and the files and records of the case conclusively show that the prisoner is entitled to no relief, .the court shall cause notice thereof to be served upon the State District Attorney, grant a prompt hearing thereon, determine the issues and make findings of fact and conclusions of law with respect thereto.

In the case at bar the superior court denied appellant’s…