Opinions

Disciplinary Board v. Pilch 2024 ND 35
Docket No.: 20240023
Filing Date: 2/22/2024
Case Type: Discipline - Attorney - Disbarment
Author: Per Curiam

Highlight: Lawyer disbarred.

Garaas, et al. v. Petro-Hunt 2024 ND 34
Docket No.: 20230200
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Oil, Gas and Minerals
Author: Bahr, Douglas Alan

Highlight: A dismissal without prejudice is appealable if the judgment has the practical effect of terminating litigation in the plaintiffs’ chosen forum.

Administrative exhaustion is required when the issues raised in the case are within the jurisdiction of an administrative agency and there are issues of fact in dispute.

State v. Rinde 2024 ND 33
Docket No.: 20230285
Filing Date: 2/22/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively.

When a defendant’s original conviction and sentence is entered on or after August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) does not apply to limit a district court’s ability to resentence a defendant to no more than the previously imposed, but suspended, sentence.

State v. Rinde 2024 ND 33
Docket No.: 20230285
Filing Date: 2/22/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Bahr, Douglas Alan

NDIC v. Gould, et al. 2024 ND 32
Docket No.: 20230188
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Foreclosure
Author: Crothers, Daniel John

Highlight: Lien priority usually is based on its date of perfection.

North Dakota follows the "American Rule" by which successful litigants are not allowed to recover attorney's fees unless authorized by contract or statute.

Appeals involving questions of first impression typically are not frivolous.

Nelson v. Nelson, et al. 2024 ND 31
Docket No.: 20230264
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: A district court must weigh all four Stout-Hawkinson factors when determining whether a moving parent can relocate to a different state with the children.

Williams v. Vraa, et al. 2024 ND 30
Docket No.: 20230248
Filing Date: 2/22/2024
Case Type: Appeal - Civil - Child Support
Author: McEvers, Lisa K. Fair

Highlight: A court’s determination that a petitioner did not establish a prima facie case to support an award of nonparent visitation is reviewed de novo.

When we interpret and apply provisions in a uniform law, it must be construed to effectuate its general purpose and we may look to official editorial board comments for guidance.

When considering whether a parent is a consistent caretaker, the 12-month requirement of N.D.C.C. § 14-09.4-03(2)(a) need not be consecutive months and need not be immediately preceding the petition when the nonparent caretaker continues significant contact with the child.

A party seeking a nonparent visitation is entitled to an evidentiary hearing if he presents a prima facie case by alleging, with supporting declarations, sufficient facts which, if uncontradicted, would support an award of nonparent visitation. In determining whether a prima facie case has been established, the trial court must accept the truth of the moving party’s allegations.

State v. Fischer 2024 ND 29
Docket No.: 20230239
Filing Date: 2/22/2024
Case Type: Appeal - Criminal - Theft
Author: Crothers, Daniel John

Highlight: A district court can accept a guilty plea without accepting a plea agreement. When considering a plea agreement, the court can reject a guilty plea until it accepts the plea agreement or sentences the defendant.

A defendant cannot receive the benefit of a bargained for plea agreement when the State and the defendant are not bound by the whole plea agreement.

The judge’s comments in court explaining his decision does not create bias when they are made before a jury is empaneled, the jury does not hear the comments, and the comments are not part of the jury’s deliberations.

Disciplinary Board v. Spencer 2024 ND 28
Docket No.: 20240012
Filing Date: 2/9/2024
Case Type: Discipline - Attorney - Original Proceeding
Author: Per Curiam

Highlight: Lawyer suspended and placed on two-year suspension with conditions.

Keller v. Keller, et al. 2024 ND 27
Docket No.: 20230258
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Contempt of Court
Author: Bahr, Douglas Alan

Highlight: A district court’s finding of contempt will only be overturned if the court abused its discretion.

A district court’s award of attorney’s fees will only be overturned if the court abused its discretion.

This Court does not consider arguments which are not adequately articulated, supported, and briefed.

WSI v. Kringlie, et al. 2024 ND 26
Docket No.: 20230184
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: Under the Administrative Agencies Practice Act, courts exercise limited appellate review of administrative agency decisions.

A vocational rehabilitation plan is appropriate if it meets the statutory requirements and gives the injured worker a reasonable opportunity to obtain substantial gainful employment.

While the validity of a vocational rehabilitation plan is assessed at the time it was formulated, a claimant’s pre-existing, non-work-related medical limitations are taken into account as they existed at the time of the work-related injury.

Don's Garden Center, et al. v. The Garden District, et al. 2024 ND 25
Docket No.: 20230270
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Landlord/Tenant
Author: Bahr, Douglas Alan

Highlight: There is not a time limit for a motion attacking a void judgment under Rule 60(b)(4), N.D.R.Civ.P.

A district court does not lose subject matter jurisdiction if it misapplies the law.

A district court signing an order before the time to object to proposed findings expire is harmless error.

Don's Garden Center, et al. v. The Garden District, et al. 2024 ND 25
Docket No.: 20230270
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Landlord/Tenant
Author: Bahr, Douglas Alan

Sherwood v. Sherwood 2024 ND 24
Docket No.: 20230230
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Highlight: A district court has broad discretion over the presentation of evidence and conduct of a trial, including when to certify a hostile witness.

After a district court makes a finding of actual or imminent domestic violence, a petitioner does not need to prove actual or imminent domestic violence to maintain a domestic violence protection order.

A party is only entitled to have a district court decide an issue if the party has standing to raise the issue.

Sherwood v. Sherwood 2024 ND 24
Docket No.: 20230230
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Other
Author: Bahr, Douglas Alan

Estate of Heath 2024 ND 23
Docket No.: 20230250
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Highlight: A prerequisite to obtaining an order establishing the authority of a domiciliary foreign personal representative is proof of the authority to act as the personal representative in the foreign jurisdiction, meaning an active appointment in the foreign jurisdiction.

Chapter 30.1-24, N.D.C.C., gives a district court the authority to consider petitions to initiate foreign probate proceedings. The issuance of an order without satisfaction of all of the statutory prerequisites does not divest subject matter jurisdiction. It is instead an error in the application of the law, which may furnish grounds for appeal, but it does not invalidate the judgment under N.D.R.Civ.P. 60(b)(4).

To grant a motion under N.D.R.Civ.P. 60(b)(6), the district court must make a finding that the motion was brought within a reasonable time; otherwise, the motion must be denied.

A trustee with an interest in a disputed mineral interest that it contends is intended to benefit the trust has sufficient interest in the probate proceedings disposing of those interests, to possess standing.

The district court may only take judicial notice of a fact that is not subject to reasonable dispute because it is either generally known within the court’s territorial jurisdiction or it is a fact that can be accurately and readily determined from sources whose accuracy cannot reasonably be questioned.

Estate of Heath 2024 ND 23
Docket No.: 20230250
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Jensen, Jon J.

Friends of the Rail Bridge, et al. v. N.D. Dep't of Water Resources, et al. 2024 ND 22
Docket No.: 20230240
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Highlight: For a district court to acquire subject matter jurisdiction over an appeal from an administrative agency decision, the appellant must satisfy the statutory requirements for perfecting an appeal. By statute, a person aggrieved by the Department of Water Resources’ action or decision must request a hearing within 30 days and prior to appealing. An information-gathering public meeting is not an adjudicative proceeding hearing.

Friends of the Rail Bridge, et al. v. N.D. Dep't of Water Resources, et al. 2024 ND 22
Docket No.: 20230240
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: McEvers, Lisa K. Fair

Mahad v. WSI, et al. 2024 ND 21
Docket No.: 20230332
Filing Date: 2/8/2024
Case Type: Appeal - Administrative - Workers Compensation
Author: Bahr, Douglas Alan

Highlight: The time to appeal a final administrative order begins when notice of the final order is mailed.

The time to appeal a final administrative order is not extended because the order is mailed.

Lyons v. State 2024 ND 19
Docket No.: 20230151
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: The requirements of the Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, must be satisfied before an applicant can obtain relief under the Act.

When an applicant for postconviction relief is put to his proof, he must present competent admissible evidence by affidavit or other comparable means to obtain an evidentiary hearing. Unsupported conclusory allegations are insufficient.

State v. Good Bear 2024 ND 18
Docket No.: 20230193
Filing Date: 2/8/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: In determining if an out-of-court statement is admissible, the district court must first determine if the statement qualifies as hearsay under the rules of evidence. If not hearsay, then the statement is admissible; if it is hearsay, the court must then determine if it qualifies as an exception to the hearsay rule as outlined in the N.D.R.Ev. 803 and N.D.R.Ev. 804.

The excited utterance exception outlined in N.D.R.Ev. 803(2) is permitted regardless of the declarant’s availability to testify as a witness.

The amount of time that is permissible to lapse between the event and the statement, to allow the statement to qualify under the excited utterance exception, is more likely to be on the high end of the range permitted when the statement is made by a child, as a young child will likely remain excited longer than adults.

Even when a hearsay statement falls within an exception to the rule, it may not be admitted if the statement is testimonial in violation of the Sixth Amendment.

Landis v. State 2024 ND 17
Docket No.: 20230224
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: This Court only decides those issues which are thoroughly briefed and argued, and a party waives an issue by not providing adequate supporting argument.

Summary dismissal of an application for postconviction relief is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

LAWC Holdings v. Vincent Watford 2024 ND 16
Docket No.: 20230087
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Real Property
Author: Jensen, Jon J.

Highlight: Whether a party has breached a contract is a finding of fact, which will not be reversed on appeal unless it is clearly erroneous.

Generally, the prevailing party to a suit, for the purpose of determining who is entitled to costs, is the one who successfully prosecutes the action or successfully defends against it, prevailing on the merits of the main issue, in other words, the prevailing party is the one in whose favor the decision or verdict is rendered and the judgment entered.

A successful litigant is not entitled to attorney’s fees unless they are expressly authorized by statute or by agreement of the parties.

Under N.D.C.C. § 32-03-09, no damages can be recovered for a breach of contract if they are not clearly ascertainable in both their nature and origin.

An award of costs under N.D.C.C. § 28-26-10 is discretionary, and a district court’s decision on an award of disbursements under N.D.C.C. § 28-26-06 will be overturned on appeal only if an abuse of discretion is shown.

This Court and the district courts possess concurrent jurisdiction to award attorney’s fees on appeal; however, a preference exists that the initial determination be made by the district court.

Pinks, et al. v. Kelsch, et al. 2024 ND 15
Docket No.: 20230161
Filing Date: 2/8/2024
Case Type: Appeal - Civil - Malpractice
Author: McEvers, Lisa K. Fair

Highlight: A two-pronged test is used when determining whether an interlocutory order is appealable. First, the order appealed from must meet one of the statutory criteria of appealability set forth in N.D.C.C. § 28-27-02. If it does, then Rule 54(b) under the North Dakota Rules of Civil Procedure must be complied with. An appeal will not be considered in a multi-claim or multi-party case which disposes of fewer than all claims against all parties unless the district court has first independently assessed the case and determined that a Rule 54(b) certification is appropriate.

Swanson v. State 2024 ND 14
Docket No.: 20230249
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (7).

Interest of R.S. 2024 ND 13
Docket No.: 20230410
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Highlight: A district court’s order for continuing hospitalization is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Interest of R.S. 2024 ND 13
Docket No.: 20230410
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Mental Health
Author: Per Curiam

Stancel v. Stancel, et al. 2024 ND 12
Docket No.: 20230287
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Child Support
Author: Per Curiam

Highlight: A district court divorce judgment and order denying cross motions for contempt are summarily affirmed under N.D.R.App.P. 35.1(a)(2) and (4).

Plaisimond v. State 2024 ND 11
Docket No.: 20230252
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court’s order for denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Estate of Lindberg 2024 ND 10
Docket No.: 20230102
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Probate, Wills, Trusts
Author: Tufte, Jerod E.

Highlight: Before we consider the merits of an appeal, we must first confirm we have jurisdiction. A motion filed under N.D.R.Civ.P. 59(j) and 60(b)(6) within 28 days of the notice of entry of judgment or order tolls the time to appeal under N.D.R.App.P. 4(a)(3)(A)(iv) and (vi).

“Genetic father” means the man whose sperm fertilized the egg of a child’s genetic mother. If the father-child relationship is established under the presumption of paternity under subdivision a, b, or c of subsection 2 of section 14-20-07, the term means only the man for whom that relationship is established.

A presumption of paternity requires the presumptive father, for the first two years of the child’s life, to reside in the same household with the child and openly hold the child out as his own.

When the spouse of a genetic parent adopts an individual, the individual adoptee obtains a parent-child relationship with the adoptive step-parent but may still inherit from the other genetic parent.

Interest of J.C. (CONFIDENTIAL)(consolidated w/ 20230378) 2024 ND 9
Docket No.: 20230377
Filing Date: 1/22/2024
Case Type: Appeal - Juvenile - Termination of Parental Rights
Author: Bahr, Douglas Alan

Highlight: A juvenile court errs when it relies on facts which are outside of the evidentiary record when exercising its discretion to terminate parental rights.

Hoover v. NDDOT 2024 ND 8
Docket No.: 20230226
Filing Date: 1/22/2024
Case Type: Appeal - Civil - Administrative Proceeding
Author: Bahr, Douglas Alan

Highlight: An administrative agency does not afford a petitioner a fair hearing when the agency receives exhibits into evidence without first providing the petitioner the opportunity to examine them.

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

Highlight: Section 12.1-32-02(2), N.D.C.C., requires a district court include any credit for sentence reductions in the criminal judgment.

State v. Williamson 2024 ND 7
Docket No.: 20230205
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: Bahr, Douglas Alan

State v. Salou 2024 ND 6
Docket No.: 20230196
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: Rule 28(b)(7)(B), N.D.R.App.P., requires an appellant’s brief to have a statement of the applicable standard of review and a citation to the record showing that the issue was preserved for review, or a statement of grounds for seeking review of an issue that was not preserved. A preserved evidentiary issue is reviewed under the abuse of discretion standard, and an unpreserved evidentiary issue is reviewed for obvious error.

There was sufficient evidence for a jury to draw an inference reasonably tending to prove the charged offense.

State v. Gietzen 2024 ND 5
Docket No.: 20230181
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: Tufte, Jerod E.

Highlight: The State’s accompanying statement filed with the notice of appeal must explain the relevance of the suppressed evidence and not merely paraphrase the statutory language. But the Court may consider the appeal if the facts clearly demonstrate the relevance of the suppressed evidence.

The scope of a driver’s consent to search a vehicle may or may not extend to all property in the vehicle. Whether a driver’s consent to search a vehicle extends to particular containers within the vehicle may depend on whether the container has identifying markings or characteristics indicating ownership by someone other than the driver.

The State has the burden to prove a person consented to a search. To sustain a finding of consent, the State must show affirmative conduct by the person alleged to have consented that is consistent with the giving of consent, rather than merely showing that the person took no affirmative actions to stop the police from searching.

State v. Gonzalez 2024 ND 4
Docket No.: 20230133
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Sexual Offense
Author: McEvers, Lisa K. Fair

Highlight: The August 1, 2021 amendment to N.D.C.C. § 12.1-32-07(6) does not apply retroactively.

When an original sentence was entered prior to August 1, 2021, the pre-amendment version of N.D.C.C. § 12.1-32-07(6) limits a district court’s ability to resentence a defendant to no more than the previously imposed, but suspended, sentence.

The pre-amendment version of N.D.C.C. § 12.1-32-07(6) restrains a district court’s discretion to impose consecutive sentences, in cases where the original sentence was imposed before the statute was amended, and the suspended sentence was to run concurrently.

Yalartai v. Miller, et al. 2024 ND 3
Docket No.: 20230159
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Child Support
Author: Crothers, Daniel John

Highlight: An order issued without notice to the parties is not appealable under N.D.C.C. § 28-27-02(7). Relief from an order made without notice must first be sought in the district court.

Larson Latham Huettl v. Vetter 2024 ND 2
Docket No.: 20230113
Filing Date: 1/10/2024
Case Type: Appeal - Civil - Contracts
Author: Tufte, Jerod E.

Highlight: An appeal from a district court judgment entered after a bench trial on a claim for unpaid legal fees and counterclaim is affirmed, and remanded for consideration of attorney’s fees for this appeal.

“If the defendant elects to remove the action from small claims court to district court, the district court shall award attorney’s fees to a prevailing plaintiff.” N.D.C.C. § 27-08.1-04. A party removes a small claims matter to district court at her own peril.

After our decision in Johnson v. Menard, Inc., 2021 ND 19, 955 N.W.2d 27, N.D.C.C. § 27-08.1-04 was amended consistent with that decision to state: “If the defendant appeals a district court judgment to the supreme court, the supreme court shall award reasonable attorney’s fees to the prevailing appellee.”

Although we have concurrent jurisdiction to determine a reasonable award of attorney’s fees on appeal, we prefer the district court take evidence and make such findings in the first instance.

State v. A.J.H. (consolidated w/20230242) 2024 ND 1
Docket No.: 20230241
Filing Date: 1/10/2024
Case Type: Appeal - Criminal - Misc. Felony
Author: McEvers, Lisa K. Fair

Highlight: A district court order transferring the matter to juvenile court is not an order quashing an information providing the State the right to appeal.

Anderson v. Lamm 2023 ND 249
Docket No.: 20230301
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: The Court does not issue advisory opinions and will ordinarily dismiss a moot appeal. An appeal is moot when there is no actual controversy left to be determined because events have occurred that make it impossible for the Court to issue relief. There is an exception to the rule against advisory opinions for appeals from district court decisions that continue to have adverse collateral consequences for an appellant. For the collateral consequences exception to apply, there must be a reasonable possibility that collateral consequences will occur. This requires an examination of the specific circumstances of a case.

The issuance of a disorderly conduct restraining order without evidence to support a finding that a respondent engaged in disorderly conduct amounts to an abuse of discretion.

Mead v. Hatzenbeller 2023 ND 248
Docket No.: 20230185
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Other
Author: Crothers, Daniel John

Highlight: A temporary restraining order is a type of injunction that is brief in duration and meant to maintain the status quo until the district court can make a determination on the merits of a petition. After a final order has been issued, questions concerning the propriety of earlier temporary injunctive orders are moot.

Disorderly conduct is analyzed in the same manner for both civil and criminal cases because the reasonable grounds for a restraining order are synonymous with probable cause for an arrest. The elements of criminal disorderly conduct by harassment are the same as those required to prove disorderly conduct in the context of a petition for a restraining order.

A petitioner for a disorderly conduct restraining order must prove his case before the district court in a full hearing. Because a restraining order constrains a person’s liberty and entails certain stigma, a respondent has a due process right to a fair hearing, including reasonable notice or opportunity to know of the claims of opposing parties, along with the opportunity to rebut those claims.

The purpose of an appeal is to review the actions of the trial court, not to grant the appellant an opportunity to develop and expound upon new strategies or theories. Issues or contentions not raised in the district court cannot be raised for the first time on appeal.

Koon v. State 2023 ND 247
Docket No.: 20230139
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Tufte, Jerod E.

Highlight: A district court judgment denying an application for postconviction relief is affirmed.

The district court did not err by considering evidence outside the record when it followed the procedure of Rule 201, N.D.R.Ev., providing notice to the parties of its intent to judicially notice the clerk’s trial notes before declining to take judicial notice of the clerk’s notes.

The district court’s mere exposure to inadmissible evidence is not error because we presume the court considers only admissible evidence. We have consistently acknowledged a judge is capable of distinguishing between admissible and inadmissible evidence when deliberating the ultimate question.

State v. Nelson (consolidated w/20230235) 2023 ND 246
Docket No.: 20230234
Filing Date: 12/28/2023
Case Type: Appeal - Criminal - Misc. Felony
Author: Jensen, Jon J.

Highlight: This Court’s review of a sentence is generally confined to whether the district court acted within the statutory sentencing limits or substantially relied on an impermissible factor.

This Court does not consider arguments that are not adequately articulated, supported, and briefed.

State v. Gai 2023 ND 245
Docket No.: 20230231
Filing Date: 12/28/2023
Case Type: Appeal - Criminal - DUI/DUS/APC
Author: Per Curiam

Highlight: A criminal judgment revoking probation and resentencing a defendant is summarily affirmed under N.D.R.App.P. 35.1(a)(4).

Heywood v. State 2023 ND 244
Docket No.: 20230223
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: A district court order denying an application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).

Heywood v. State 2023 ND 244
Docket No.: 20230223
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Everett v. State 2023 ND 243
Docket No.: 20230192
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Crothers, Daniel John

Highlight: An applicant for post-conviction relief has two years from when the conviction becomes final to apply for relief, unless newly discovered evidence is found.

Newly discovered evidence for purposes of post-conviction relief must establish that the applicant did not engage in conduct leading to the underlying conviction.

Gaede v. State 2023 ND 242
Docket No.: 20230269
Filing Date: 12/28/2023
Case Type: Appeal - Civil - Post-Conviction Relief
Author: Per Curiam

Highlight: An order denying a petition for postconviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(6).