Hope v. State

¶1 Merritt Hope appeals from the judgment of the Thirteenth Judicial District Court, Yellowstone County, denying his petition for postconviction relief. We reverse and remand for a new trial.

¶2 The following issues are raised on appeal:

¶3 (1) Whether the District Court erred when it concluded that the State did not obtain certain evidence as a result of a delay in Hope’s initial appearance; and

¶4 (2) Whether the deficient performance of Hope’s attorney rose to the level of ineffective assistance of counsel.

FACTUAL AND PROCEDURAL BACKGROUND

¶5 The circumstances that gave rise to Merritt Hope’s…