Chase v. State

Citations

• 2024 ND 215

Syllabus

A district court order denying an amended application for postconviction relief is affirmed. The affirmative defenses of res judicata and the statute of limitations are waived by the State when not raised in its answer to an application for postconviction relief. To trigger the presumption of prejudice arising from improper jury contact, an applicant must first establish that the improper contact actually occurred.