McKnight v. State

WOLLE, Justice.

In this postconviction action, the State contends that the postconviction court should not have set aside applicant’s conviction based on the State’s inability to locate the original records of the guilty plea proceedings. We conclude that the State had a right to reconstruct the lost record under the circumstances of this case. We also find that the State satisfied its obligation to reconstruct the record by presenting testimony about what had occurred during the proceedings challenged by the applicant. We therefore reverse and remand.

On March 2, 1973, applicant Michael Lee…