Swearingen v. State

SANDSTROM, Justice.

[¶ 1] Matthew Swearingen appeals from a district court order denying his application for post-conviction relief. Concluding the district court provided inadequate findings of fact and should have granted Swearingen’s request for a transcript of the post-conviction evidentiary hearing, we reverse and remand.

I

[¶ 2] Swearingen was charged with and found guilty of gross sexual imposition. He appealed the judgment, arguing there was insufficient evidence to support the trial court’s decision, which this Court summarily affirmed in State v. Swearingen, 2012 ND 6, 809 N.W.2d 838.…