Taylor v. State

SNELL, Senior Judge. *

This case involves a question concerning the district court’s authority and discretion on limited remand from an appeal in post-conviction proceedings. Previously, we granted limited remand and instructed the district court to rule on a pre-existing motion. Thereafter, an amended motion was filed which prompted the court to recuse itself and grant a new trial. Because we feel it was error for the district court to grant a new trial, we remand the case for a ruling on the original motion.

I. Factual Background and Procedure

The appellee, Francis J. Taylor, was convicted in…