Gorman v. State

OPINION

KLAPHAKE, Judge

Michael Gorman appeals from the district court’s summary denial of his petition for postconviction relief in which he asserts that he is entitled to a new trial on the grounds of newly discovered evidence and violation of discovery rules by the state. Because appellant has presented evidence that raises legitimate questions as to whether he is entitled to a new trial, we reverse and remand to allow the district court an opportunity to hold an evi-dentiary hearing and make findings to support the grant or denial of postconviction relief.

FACTS

Appellant was charged with…