Rademacher v. State

Citations

• 2025 ND 137

Syllabus

Issues not raised in an application for postconviction relief cannot be raised for the first time on appeal. \Fitness to proceed\ and \lack of criminal responsibility\ are separate and distinct concepts. The process for an examination or evaluation for fitness to proceed and lack of criminal responsibility differ. Rule 52(a), N.D.R.Civ.P., requires, \In all actions tried upon the facts without a jury . . . the [district] court shall find the facts specially and state separately its conclusions of law.\ A petitioner in a postconviction relief proceeding carries a heavy burden to establish a reasonable probability that, but for trial counsel's error, the result of the proceeding would have been different. Generally, a petitioner must provide more than conclusory allegations to meet that burden.