Summary
The North Dakota Supreme Court reversed and remanded an order summarily dismissing Komikka Gregory’s petition for post-conviction relief. The court held that the State was required to file a separate motion, notice of motion, and supporting brief rather than request summary disposition within its answer.
Holdings
- A district court may not order summary disposition in response to a request contained in a pleading, including the State's answer to an application for post-conviction relief. The State must file a separate motion for summary disposition, notice of motion, and supporting brief.
Questions Presented
- Whether a district court may grant summary disposition of an application for post-conviction relief based solely on a request included in the State's answer, without a separate motion, notice of motion, and supporting brief.
Disposition
reversed_and_remanded
Cases Cited (10)
- Chase v. State, 2021 ND 206, 966 N.W.2d 557(followed)
- Wacht v. State, 2015 ND 154, 864 N.W.2d 740(followed)
- State v. Gregory, 2019 ND 241, 933 N.W.2d 469(cited)
- Wong v. State, 2010 ND 219, ¶ 13, 790 N.W.2d 757(cited in dissent)
- Henke v. State, 2009 ND 117, ¶ 11, 767 N.W.2d 881(cited in dissent)
- Ringsaker v. North Dakota Workers Comp. Bureau, 2003 ND 122, ¶ 10, 666 N.W.2d 448(cited in dissent)
- Johnson v. Johnson, 2012 ND 31, ¶ 12, 812 N.W.2d 455(cited in dissent)
- Dawes v. City of Grand Forks, 243 N.W. 802, 805 (N.D. 1931)(cited in dissent)
- State v. Heath, 177 N.W.2d 751, 755 (N.D. 1970)(cited in dissent)
- Messer v. Bender, 1997 ND 103, ¶¶ 10-11, 564 N.W.2d 291(cited in dissent)
Cited In (0)
No citing cases on record yet.
Court Document
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