Poulin v. State

ANDREASEN, Justice.

This is an appeal from the summary dismissal of a postconviction relief application. We must decide if the trial court is required to schedule a hearing and give notice of the hearing to the applicant before granting a motion to dismiss filed by the applicant’s court-appointed counsel. The trial court granted the motion without hearing or notice. We reverse and remand.

I. Background.

In December 1990 Paul G. Poulin, Jr. was charged with two class D felonies, possession of marijuana with intent to deliver and failure to affix a drug tax stamp. Pursuant to a plea bargain,…