Hill v. State

KAPSNER, Justice.

[¶ 1] The State appealed from a district court’s memorandum opinion and order, entered during post-conviction relief proceedings, granting a new trial to Eric Hill. We hold the district court’s grant of a new trial is appealable. We further hold the district court did not clearly err in finding Hill’s right to be present at a proceeding during deliberations when trial testimony was read to the jury was violated and the violation was not harmless beyond a reasonable doubt. We therefore affirm.

I

[¶2] In February 1998, Hill went on trial for two counts of gross sexual imposition…