DeRushé v. State

EISMANN, Chief Justice.

This is an appeal from the dismissal of an application for post-conviction relief. We hold that the district court erred in dismissing the claim that the applicant had been denied the right to testify in his own behalf during the underlying criminal trial. We also hold that an applicant cannot challenge for the first time on appeal the sufficiency of the grounds stated in connection with the State’s motion for summary disposition. We remand for further consideration of the claim that the applicant was denied his right to testify in his own behalf.

I. FACTS AND PROCEDURAL…