Praska v. State

Praska v. State, 562 N.W.2d 104 (N.D. 1996)

[Go to Documents]Filed Nov. 13, 1996IN THE SUPREME COURTSTATE OF NORTH DAKOTA

Michael Praska, aka, Bill D. Praska, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Civil Nos. 960166 & 960167

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable William F. Hodny, Judge.
AFFIRMED.
Per Curiam.
Michael Praska, Bismarck, ND 58501, pro se.
Patricia L. Burke, State's Attorney, Courthouse, 514 East Thayer, Bismarck, ND 58501, for respondent and appellee.

Praska v. State

Civil Nos. 960166 & 960167

Per Curiam.

Michael Praska appealed from two trial court orders summarily denying his second post-conviction relief petition. On appeal from the order denying his first petition, we summarily affirmed. Praska v. State, 537 N.W.2d 365 (N.D. 1995). Praska argues, in the second petition, that his constitutional due process rights were denied. The trial courts dismissed the second petition, stating the constitutional issues were argued in the first petition and thus are res judicata.

We decided the issues presented here in the first appeal. Under res judicata principles, "it is inappropriate to rehash issues which were tried or could have been tried by the court in prior proceedings." Wetch v. Wetch, 539 N.W.2d 309, 311 (N.D. 1995). We affirm the trial courts' orders of dismissal under N.D.R. App.P., 35.1(a)(7).

Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Mary Muehlen Maring
Herbert L. Meschke
William A. Neumann