Summary
The North Dakota Supreme Court affirmed dismissal of Bradley Morales’s application for post-conviction relief. Because his criminal judgment had been reversed and remanded for a new trial, and no new conviction had occurred, the court held that he was not a person convicted and sentenced for a crime under N.D.C.C. § 29-32.1-01(1) and therefore was not eligible for post-conviction relief.
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Practice areas
Questions Presented
- Whether a person whose criminal judgment has been reversed and remanded, but who has not yet been retried, qualifies as a person convicted of a crime eligible to seek post-conviction relief under N.D.C.C. § 29-32.1-01(1).
- Whether the district court erred or denied due process by dismissing Morales’s post-conviction application without an evidentiary hearing on his ineffective-assistance claim.
Holdings
- A person whose criminal judgment has been reversed and remanded, and who has not yet been convicted again, is not a person who has been convicted of a crime within the meaning of N.D.C.C. § 29-32.1-01(1) and is therefore not entitled to post-conviction relief.
- The district court properly dismissed Morales’s application because, as a matter of law, he was not eligible for post-conviction relief after reversal of his judgment and before a new conviction.
Key quotations
“An appellate reversal vacates the judgment so that the parties are placed in the same position as before entry of the judgment.” (¶ 4)
“At this point, because the judgment was reversed and remanded, and a new trial has not occurred, Morales has not been convicted of a crime.” (¶ 5)
Factual background
Morales was charged with murder and convicted by a jury. After the criminal judgment was entered, the North Dakota Supreme Court reversed the judgment and remanded for a new trial. Before a new trial occurred, Morales filed an application for post-conviction relief alleging ineffective assistance of counsel during his criminal trial.
Procedural history
Morales was convicted by a jury of murder, and a criminal judgment was entered in September 2018. The North Dakota Supreme Court reversed the judgment and remanded for a new trial in July 2019. Before a new trial was scheduled, Morales applied for post-conviction relief alleging ineffective assistance of counsel. The district court dismissed the application, and the Supreme Court affirmed.