Comes v. North Dakota
Annotate this CaseMarlon Comes appealed an order denying his application for post-conviction relief. He argued his sentence was illegal because it failed to accurately reflect credit for “good time” and the corresponding sentence reduction, and his sentence failed to properly account for time he was held in custody prior to sentencing. The district court found that the North Dakota Department of Corrections and Rehabilitation (“Department of Corrections”) had exclusive discretion to determine whether an offender should be credited with a performance-based sentence reduction. The court also found the statutory remedy of post-conviction relief pursuant to N.D.C.C. ch. 29-32.1 was not available to provide relief for disciplinary measures, custodial treatment, or other violations of civil rights of a convicted person occurring after the imposition of sentence. After review, the North Dakota Supreme Court concurred with the trial court's analysis and affirmed the order dismissing Comes’ application for post-conviction relief.
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