State v. Kovalevich

Citations

• 2023 ND 206

Syllabus

When a defendant has previously filed a post-conviction relief application, 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. When a pre-filing order is in effect, a district court must make the required initial determinations whether a particular litigant's proffered papers will be filed before ruling on the merits of the proposed filing. Orders denying leave to file are not appealable.