Froistad v. North DakotaAnnotate this Case
Larry Froistad appeals from an order denying his application for postconviction relief to withdraw his guilty plea. In 1998, Froistad pled guilty to murdering his daughter by setting fire to his residence when she was inside. In 2000, 2012 and 2020, Froistad applied for postconviction relief. In the third such application, Froistad sought to withdraw his guilty plea. The State responded and raised the affirmative defenses of res judicata and misuse of process. After an evidentiary hearing, the district court denied the application because it was untimely under N.D.C.C. 29-32.1-01, and the claims were barred by res judicata and misuse of process under N.D.C.C. 29- 32.1-12. The court also concluded the alleged newly discovered evidence of false confessions, when reviewed in light of the evidence as a whole, would not establish that Froistad did not commit murder. Froistad argued the district court erred in his third application for postconviction relief by concluding his claims were barred by res judicata. Finding no reversible error, the North Dakota Supreme Court affirmed.