Smith v. State

We granted a writ of certiorari to review the denial of post-conviction relief. We reverse.

I

In 2004, Petitioner Larry Smith was convicted of second-degree criminal sexual conduct (CSC) with a minor and contributing to the delinquency of a minor. Smith was sentenced to twelve years in prison. Smith’s direct appeal challenged only the denial of his directed verdict motion. The court of appeals affirmed in an unpublished opinion.1 Smith then sought post-conviction relief (PCR).

II

In his application for PCR, Smith claimed trial counsel had rendered ineffective assistance by failing to object to…