In re Allen

Dooley, J.,

¶ 28. dissenting. This is a summary judgment proceeding, but the PCR court did not treat it as such. In particular, in deciding the prejudice question as a matter of law, the court ignored perhaps the most fundamental principle of the summary judgment standard: that the trial court must view the facts most favorably to the nonmoving party and afford that party — in this case petitioner — the benefit of all reasonable doubts and inferences. Here, the PCR court did exactly the opposite by viewing the facts favorably to the State and resolving all inferences and reasonable doubts in…