Byron Whetsel v. State of North Dakota

Summary

The North Dakota Supreme Court reversed and remanded the denial of Byron Whetsel's second application for post-conviction relief. The court held that the district court prematurely dismissed the application after the State filed responsive pleadings, without a request for summary disposition and without giving Whetsel the required opportunity to respond under North Dakota Court Rule 3.2. A dissent concluded that any error was harmless because the application was untimely.

Holdings

1. Once the State has responded to a post-conviction-relief application, the district court may no longer summarily dispose of the application on its own motion; the State must move for summary disposition or make at least a sufficient request for summary dismissal.
2. A post-conviction-relief applicant must receive fourteen days after service of the State's brief to serve and file an answer brief and supporting papers in opposition to a request for summary dismissal.
3. The premature dismissal was not harmless on this record; the appropriate remedy was reversal and remand to allow Whetsel an opportunity to respond.

Questions Presented

1. Whether the district court could sua sponte summarily dismiss a post-conviction-relief application after the State had filed a response without filing a request or motion for summary disposition.
2. Whether Whetsel was entitled to fourteen days to respond to the State's request or assertion supporting dismissal under N.D.R.Ct. 3.2(a)(2).
3. Whether the district court's failure to provide that opportunity was harmless error because Whetsel's application appeared untimely.

Disposition

reversed_and_remanded