Kremer v. North Dakota
Annotate this CaseJames Kremer appealed dismissing his application for postconviction relief. In February 2016, Kremer pled guilty to three counts of possession of certain materials prohibited. He filed an appeal to the North Dakota Supreme Court, but he later withdrew his appeal. In July 2018, Kremer filed his first application for postconviction relief, arguing that “he received ineffective assistance of counsel and the court ‘did not inform [him] of the possibility of restitution, did not ensure that [his] plea was voluntary, did not obtain a factual basis for the plea, and did not get any acknowledgement by [Kremer] regarding the facts.’” The district court denied relief, and the Supreme Court affirmed. In January 2021, Kremer filed a second application for postconviction relief, arguing ineffective assistance of counsel, actual innocence, prosecutorial misconduct, invalid guilty plea, and an illegal search and seizure leading to his conviction. The State moved to dismiss, arguing that his application for postconviction relief was untimely and that his claims were further barred by res judicata. The district court granted the State’s motion and summarily denied his application. The Supreme Court affirmed the order, concluding Kremer’s claims were barred by the two-year statute of limitations.
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