Brewer v. State

ANDREASEN, Justice.

Ronald Wayne Brewer filed a request for relief in his postconviction relief action. The district court denied the request and dismissed his postconviction action because of laches. The State had not raised this defense in response to the postconviction application or in response to Brewer’s request for relief. This case is unique because it presents an issue of first impression that should not arise again under the present postconviction relief statute. We reverse and remand.

Brewer pled guilty to murder in the second degree. In December 1963, following a sentencing hearing,…