Mohammed v. State

Citations

• 2026 ND 59

Syllabus

When a court summarily dismisses an application before the State responds, the dismissal is treated as analogous to dismissal of a civil complaint under N.D.R.Civ.P. 12(b) for failure to state a claim upon which relief can be granted. District courts may consider applications for postconviction relief discovered beyond the two-year statutory limitation if the petitioner alleges the existence of newly discovered evidence which would establish the petitioner did not engage in the conduct for which petitioner was convicted. When applications for postconviction relief assert newly discovered evidence under the exception to the statute of limitations, district courts must apply the four-prong test to determine if the evidence constitutes newly discovered evidence.