Froistad v. State

Citations

• 959 N.W.2d 863
• 2021 ND 92

Syllabus

When a motion following conviction is denominated as a motion under the North Dakota Rules of Criminal Procedure, the provisions of the Uniform Postconviction Procedure Act, N.D.C.C. ch. 29-32.1, are applicable. Under N.D.C.C. § 29-32.1-12, an application for postconviction relief may be denied on the ground that the same claim or claims were fully and finally determined in a previous proceeding, or when the applicant presents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous postconviction proceeding.