State v. Jensen

Citations

• 962 N.W.2d 393
• 2021 ND 119

Syllabus

When a defendant has previously filed an application for post-conviction relief, a subsequent motion filed under the Rules of Criminal Procedure will be treated as an application for post-conviction relief when the motion seeks to evade the boundaries of post-conviction proceedings. On its own initiative, a court may enter a judgment denying a meritless application for post-conviction relief on any and all issues raised in the application before any response by the state. A district court's summary dismissal of an application for post-conviction relief before a response by the State is 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. A defendant may waive their speedy trial claim in four ways: (1) by failing to present the claim prior to or at the trial (2) by entering a voluntary plea of guilty (3) by failing to demand a prompt trial or (4) by expressly consenting to the delay.