Earnest v. State

ANDREASEN, Justice.

Kenneth Dean Earnest filed an application for postconviction relief claiming that he had been denied effective assistance of counsel during his plea and sentencing proceedings, resulting in an erroneous restitution order. The State moved for summary judgment asserting that the restitution claim was procedurally barred because the district court had ruled on the issue and no appeal had been taken and because restitution claims may not be raised in a postconviction proceeding. The district court granted the State’s motion and dismissed the application for postconviction…