Eagleman v. State

NEUMANN, Justice.

[¶ 1] Matthew Eagleman appealed from an order summarily dismissing his application for post-conviction relief. We conclude Eagleman has raised a genuine issue of material fact whether he received ineffective assistance of counsel because his trial lawyer did not investigate or raise an issue of subject matter jurisdiction, entitling Eagleman to an evidentiary hearing on his post-conviction application. We, therefore, reverse and remand for further proceedings.

I

[¶2] On September 19, 2002, Eagle-man pleaded guilty to the felony of gross sexual imposition and to the misdemeanor…