Chase v. State

Citations

• 2019 ND 214

Syllabus

Applicant alleging ineffective assistance of post-conviction counsel cannot circumvent the Uniform Postconviction Procedure Act's bar on challenging post-conviction counsel's representation by making his allegations in a motion rather than an application for post-conviction relief. A N.D.R.Civ.P. 60(b)(3) motion alleging fraud by prior post-conviction counsel is without merit because an attorney representing a party is not adverse to the party. Applicant for post-conviction relief is entitled to notice that his application may be summarily dismissed.