Middleton v. State

[¶ 23] I respectfully dissent from part IIIC of the majority opinion. Light’s procedurally deficient new trial motion precluded all substantive review of Middleton’s appellate claims. Therefore, prejudice should be presumed, ineffective assistance of counsel should be found, the district court’s order should be reversed, and the case should be remanded with leave for Middleton to file a new motion for a new trial.

[¶ 24] Middleton argues he should not be required to show prejudice, and there should be a presumption of prejudice because Light’s procedurally deficient motion constructively…