Bunger v. StateBunger v. State
Roger Bunger challenges an order denying his motion for postconviction relief. Bunger’s motion alleged that his trial counsel failed to render effective assistance based on his: 1) failure to call witnesses; 2) failure to obtain exculpatory documents from another attorney retained by Bunger before trial; 3) failure to request a curative instruction on improper testimony concerning his right to remain silent; 4) lack of knowledge about video evidence; and 5) failure to note a conflict of interest because the public defender was also representing one of his codefendants.
On appeal he argues that the trial court’s order is deficient because it fails to address each of these claims. Because the trial cornet failed to make findings of fact and conclusions of law, and also failed to provide rationales for denying claims 2 and 3, we reverse as to those claims. See
On remand, the court shall enter an order making findings of fact and conclusions of law as to Bunger’s second and third claims or identify those portions of the record which demonstrate that Bunger is not entitled to relief on those claims.
Affirmed in part, reversed in part and remanded.