AI Generated Opinion Summaries

This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.

Facts

• The Defendant, Michael Stephen Keaton, appealed as a self-represented litigant from the district court's order denying his motion to reconsider the sentence (para 1).

Procedural History

• Appeal from the District Court of Lincoln County, Karen L. Parsons, District Judge, August 1, 2017: The district court denied the Defendant's motion to reconsider the sentence.

Parties' Submissions

• Appellant: The Defendant appealed the district court's decision, seeking reconsideration of his sentence (para 1).
• Appellee: The State filed a “Notice of Non-Filing a Memorandum in Opposition” and did not oppose the remand to the district court for consideration of the issues identified by the Court of Appeals (para 1).

Legal Issues

• Whether the district court's order denying the Defendant's motion to reconsider the sentence should be reversed and remanded for an evidentiary hearing on certain issues.

Disposition

• The Court of Appeals reversed the district court's order and remanded the case for an evidentiary hearing on the issues outlined in the Court's second calendar notice (para 2).

Reasons

• The panel, consisting of Judges Jonathan B. Sutin, Linda M. Vanzi, and J. Miles Hanisee, unanimously agreed to reverse and remand the district court's decision. The decision was primarily based on the State's agreement with the Court's determination that the conclusive presumption of ineffective assistance of counsel established in State v. Duran does not apply in this context. Additionally, the unique circumstances of the case led the State not to oppose the remand for consideration of the issues identified by the Court of Appeals (paras 1-2).