Swart v. State

OPINION

¶ 1 This matter is before the court on appellant’s amended motion for summary disposition seeking summary reversal of an order of the trial court dismissing his petition for post-conviction relief. We reverse and remand for further proceedings consistent with this opinion.

¶ 2 On August 11, 1998, appellant filed a motion for summary disposition with this court, urging us to summarily reverse and remand the case to the district court for the purpose of holding an evidentiary hearing. In support of his motion, appellant cited Julian v. State, 966 P.2d 249 (Utah 1998). Specifically,…