Schrier v. State

ANDREASEN, Justice.

The State appeals from a posteonviction relief order vacating the conviction of Richard L. Schrier for first-degree sexual abuse and first-degree murder and ordering a new trial on the charges. The State argues the district court did not have subject matter jurisdiction and therefore the order was void. We affirm.

I. Background Facts and Proceedings.

In 1979, Richard Schrier was convicted of first-degree sexual abuse and first-degree murder in connection with the 1978 death of Matthew, his two-year-old son. This is the third time Schrier has been before this court. The first…