Kaiser v. State, 2005 ND 49

Summary

The Supreme Court of North Dakota reversed the dismissal of Gregory Clifford Kaiser's application for post-conviction relief. The court held that Kaiser was entitled to 30 days to respond to the State's motions and supporting materials because the proceedings are civil in nature and the materials outside the pleadings required treatment under summary judgment procedures. The matter was remanded for further proceedings.

Holdings

1. A court may not dismiss an application for post-conviction relief under N.D.C.C. § 29-32.1-06(2) or § 29-32.1-09 without affording the applicant 30 days after service of the State's brief to serve and file an answer brief and supporting papers.
2. Because the State submitted and the district court relied on matters outside the application, the motion had to be treated as one for summary judgment under N.D.R.Civ.P. 12(b), with the procedural protections of N.D.R.Civ.P. 56, including the applicant's 30-day response period.

Questions Presented

1. Whether the district court could dismiss Kaiser's post-conviction-relief application without allowing him 30 days to respond to the State's motions and supporting brief.
2. Whether the State's submission of materials outside the pleadings required the dismissal motion to be treated as a summary-judgment motion under North Dakota Rule of Civil Procedure 56.

Disposition

reversed_and_remanded