Burcham v. Franke

Petitioner was convicted of several crimes arising from an incident in which he provided alcohol to a 16-year-old girl and, while she was intoxicated, sexually assaulted her. We affirmed petitioner’s convictions on direct appeal. Petitioner then sought post-conviction relief on the ground that his trial counsel was inadequate. The post-conviction court accepted the petition and reversed petitioner’s judgment of conviction in its entirety. The state appeals, assigning error to that ruling. We affirm in part and reverse in part.

I. BACKGROUND

The facts pertinent on appeal are undisputed. In…