Atkins v. State

Citations

• 959 N.W.2d 588
• 2021 ND 83

Syllabus

A district court may summarily dismiss a successive application for post-conviction relief under N.D.C.C. § 23-32.1-09(1) on its own motion before the State answers when the issues raised in the application have been previously decided by this Court. An applicant for post-conviction relief is entitled to notice that the application may be summarily dismissed. A court's failure to provide notice prior to summary dismissal constitutes harmless error if a party fails to establish prejudice. A district court's error in dismissing an application for post-conviction relief based on an affirmative defense not pleaded by the State does not prejudice the applicant when the court had alternative statutory authority to summarily dismiss the application.