Cherniwchan v. State

McFADDEN, Justice.

This appeal is from the judgment of the district court denying, without an evidentiary hearing, appellant’s application for post-conviction relief. The judgment of the district court is reversed and the case is remanded.

Petitioner-appellant James A. Chemiwchan pleaded guilty to charges of second degree kidnapping and was sentenced to twenty-five years imprisonment. Appellant then applied for post-conviction relief, alleging that he had been denied effective assistance of counsel at his sentencing hearing. When the state failed to respond to the post-conviction relief…