Burden v. State

Citations

• 2019 ND 178
• 930 N.W.2d 619

Syllabus

A motion for summary disposition on the pleadings in a post-conviction proceeding is analogous to a N.D.R.Civ.P. 12(b)(6) motion and looks at the application in the light most favorable to the applicant and accepts well-pleaded allegations as true. General allegations in a State's answer to a post-conviction application are insufficient to put the applicant to his proof on an ineffective assistance of counsel claim.