Henke v. State

MARING, Justice.

[¶ 1] Tamara Berg Henke appeals from a district court order summarily dismissing her application for post-conviction relief. We hold the district court erred in summarily dismissing the application on its own accord, and we reverse and remand for further proceedings.

I

[¶ 2] Henke was charged with delivery of a controlled substance and hired an attorney to represent her. Trial was scheduled for April 2005. At a pretrial conference held on the day of trial, Henke changed her plea to guilty and was sentenced under a plea agreement.

[¶ 3] On September 25, 2008, Henke applied for…