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.
Judges: Bahr, Douglas Alan
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2 cases in this archive cite this case.
Cites
14 cases in this archive are cited by this case.
- State v. JohnsonNorth Dakota Supreme Court· 1997-12-08· cited 33×
- State v. NaceNorth Dakota Supreme Court· 1985-07-03· cited 33×
- State v. AtkinsNorth Dakota Supreme Court· 2019-05-24· cited 26×
- DeCoteau v. StateNorth Dakota Supreme Court· 1993-08-10· cited 22×
- Tuhy v. TuhyNorth Dakota Supreme Court· 2018-02-22· cited 16×
- Kovalevich v. StateNorth Dakota Supreme Court· 2018-07-18· cited 16×
- State v. KovalevichNorth Dakota Supreme Court· 2015-01-15· cited 8×
- State v. McClaryNorth Dakota Supreme Court· 2016-02-18· cited 8×
- Everett v. StateNorth Dakota Supreme Court· 2020-12-17· cited 7×
- Wheeler v. StateNorth Dakota Supreme Court· 2021-10-14· cited 5×
- Wootan v. StateNorth Dakota Supreme Court· 2023-08-17· cited 5×
- Kovalevich v. StateNorth Dakota Supreme Court· 2017-03-01· cited 4×
- State v. JensenNorth Dakota Supreme Court· 2021-07-08· cited 3×
- Kremer v. StateNorth Dakota Supreme Court· 2021-10-28· cited 1×
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