Chisholm v. North Dakota
Annotate this CaseRodney Chisholm appeals from a district court order summarily dismissing his application for postconviction relief. Chisholm was convicted of murder in 2011 and sentenced to 30 years’ imprisonment. Chisholm filed his first application for postconviction relief in 2013. In that application, Chisholm alleged ineffective assistance of trial and appellate counsel. The district court summarily denied Chisholm’s application, and he appealed. The North Dakota Supreme Court reversed and remanded. On remand, the district court again denied Chisholm’s application and he appealed. The Supreme Court affirmed the district court the second time. In this case, the Supreme Court concluded Chisholm's his claim for ineffective assistance of postconviction counsel was barred under N.D.C.C. 29- 32.1-09(2), and his other claims were barred by res judicata. Therefore, the Court affirmed the summary dismissal of his postconviction relief application.
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