Kovalevich v. State

Docket No. 20190024
Oral Argument: Waived

Docket Info

Title
Sean Michael Kovalevich, Petitioner and Appellant
v.
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

  • Appellant

    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?

  • Appellee 1

    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?


Summary

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.


Briefs

Filing Date Description
02/19/2019 APPELLANT BRIEF View
03/21/2019 APPELLEE BRIEF View

Counsel

Party Type Name
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)
9 02/19/2019 APPELLANT BRIEF View
10 02/19/2019 Paper Filed Document
11 02/19/2019 APPELLANT APPENDIX
12 02/19/2019 Paper Filed Document
13 03/11/2019 Rec'd non-substantive corrections for ATA(additional pages for docket)
14 03/21/2019 APPELLEE BRIEF View
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)