Chisholm v. North Dakota
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Rodney Chisholm appeals from the district court’s summary dismissal of his application for post-conviction relief, denial of his motion to compel, denial of his request for counsel, and denial of his request for a change of judge. Chisholm’s application for post-conviction relief stems from his conviction of murder on May 3, 2011. Chisholm was sentenced to 30 years’ imprisonment and
the North Dakota Supreme Court affirmed the conviction. After review, the Supreme Court concluded the properly denied the peremptory demand for change of judge, and the Court affirmed the denial of the peremptory demand. The request for recusal of the assigned judge should have been considered by the assigned judge, and the Supreme Court therefore reversed the denial of the request for recusal based on bias and prejudice. The matter was remanded for consideration of the request for recusal for bias or prejudice by the assigned judge and, subsequent to a determination on the request for recusal, reconsideration of the motion to compel discovery, request for appointment of counsel, and summary dismissal of the post-conviction application.
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