Kovalevich v. State
- Sean Michael Kovalevich, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
- Case Type
- CIVIL APPEAL : POST-CONVICTION RELIEF
- Appeal From
Case No. 2017-CV-00957
Northeast Central Judicial District, Grand Forks County
John A. Thelen
Parties' Statement of Issues
I. Did the Court err by converting Kovalevich's Motion Under Rule 60(b) for Relief from Judgment to a "Third Application for Post-Conviction Relief" and summarily denying it under N.D.C.C.29-32.1-09 based in doctrines of "Misuse of the Process" and "REs Judicata"?
II. Did the Court err by summarily denying Kovalevich's Post-Conviction Relief application in 18-2018-CV-2728 on its own motion after allowing Respondent to file a Motion for Summary Disposition and incorporating Respondent's facts and argument in the order, yet ruling prior to Kovalevich's timely response being filed by the Clerk.
III.Did the Court err by denying Kovalevich's application in 18-2018-CV-02728 without first appointing counsel to represent Kovalevich's as requested pursuant to N.D.C.C.29-32.1-1-05?
I. Whether the district court properly denied Kovalevich's Rule 60(b) Motion in 18-2017-CV-00957?
II. Whether the district court properly denied Kovalevich's Application for Post-Conviction Relief in 18-2018-CV-02728?
III. Whether the district court properly denied Kovalevich's Application for Court-Appointed Counsel in 18-2018-CV-2728?
Sean Kovalevich appeals after his third and fourth applications for post-conviction relief were summarily dismissed.
In October 2013, a jury found Kovalevich guilty of two counts of gross sexual imposition and one count of corruption of a minor. Kovalevich was sentenced to 30 in prison 10 years of supervised probation. Kovalevich appealed and this Court affirmed the conviction. State v. Kovalevich, 2015 ND 11, 858 N.W.2d 625. In 2015 and 2017, Kovalevich filed two applications for post-conviction relief. The applications were denied and affirmed on appeal. State v. Kovalevich, 2017 ND 40, 891 N.W.2d 778; State v. Kovalevich, 2018 ND 184, 915 N.W.2d 644.
In September and November 2018, Kovalevich filed his third and fourth applications for post-conviction relief, alleging the prosecuting attorney engaged in misrepresentation and misconduct. He also argued newly discovered evidence would show he did not engage in the charged conduct. The district court summarily dismissed both applications for post-conviction relief. The court concluded Kovalevich was attempting to relitigate issues that were raised in earlier proceedings. The court also held that the alleged newly discovered evidence could have been presented in earlier proceedings, and the weight and quality of the evidence would not likely result in Kovalevich’s acquittal.
On appeal, Kovalevich argues the district court erred in summarily dismissing his applications for post-conviction relief.
|APPELLEE||ASST. STATE'S ATTORNEY||Meredith Huseby Larson - 06206|
|APPELLANT||PRO SE||Sean Michael Kovalevich|
(Note: Attachments may not be available for recently filed cases and/or confidential documents.)
|Seq. #||Filing Date||Description||Attachment|
|1||01/17/2019||NOTICE OF APPEAL : 01/17/2019|
|2||01/18/2019||ANNOUNCED DISQUALIFICATION : Jensen, Jon J.|
|3||01/22/2019||This case is consolidated w/ 20190025. Make all entries except ROA, DIS, & MAN in this case.|
|4||01/22/2019||NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.|
|5||01/22/2019||Notice served on Sean M. Kovalevich and Meredith Huseby Larson|
|6||02/12/2019||ELEC. RECORD ON APPEAL DATED FEBRUARY 11, 2019 (ENTRY NOS. 1-110)|
|7||02/12/2019||ELEC. RECORD ON APPEAL DATED FEBRUARY 11, 2019 (ENTRY NOS. 1-18, 20-40, 293-296, 298-421)|
|8||02/12/2019||(NOT SENT: 41-292, 311)(UNDERLYING CRIMINAL)|
|10||02/19/2019||Paper Filed Document|
|12||02/19/2019||Paper Filed Document|
|13||03/11/2019||Rec'd non-substantive corrections for ATA(additional pages for docket)|
|15||03/25/2019||Rec'd $25 surcharge for AEB (receipt #26965)|
|16||03/26/2019||REQUEST TO WAIVE ORAL ARGUMENT ON BEHALF OF APPELLEE|
|17||03/27/2019||Rec'd 6 copies of AEB back from Central Duplicating|
|18||04/09/2019||No Appearance by Appellant to Oral Argument - Inmate/NDSP policy will not transport|
|19||04/09/2019||ACTION BY SUPREME COURT (request to waive oral argument on behalf of Appellee) - Granted|
|20||04/24/2019||SITTING WITH THE COURT : Jacobson, Paul W.|
|21||05/23/2019||APPEARANCES: Waived under N.D.R.App.P. 34(e) and (f)|
|22||05/23/2019||ARGUED: Waived under N.D.R.App.P. 34(e) and (f)|