Gregory v. North Dakota
Annotate this CaseKomikka Gregory appealed a district court order summarily dismissing her petition for post-conviction relief. In 2018, a jury found Gregory not guilty of the charge of murder, but guilty of a charge of manslaughter. In August 2021, Gregory filed an application for post-conviction relief requesting her conviction be set aside and she be granted a new trial based on ineffective assistance of counsel. The State filed an answer which included a request for summary disposition under N.D.C.C. 29-32.1-09. The district court deferred ruling on the motion for summary disposition and ordered Gregory to submit, within 30 days, declarations and other admissible evidence in support of her petition and opposition to the motion. With no response from Gregory, the court granted summary disposition. Gregory argued to the North Dakota Supreme Court that the district court erred in granting summary disposition because the State failed to make a separate motion. The State agreed that the matter should have been reversed and remanded based on the North Dakota Supreme Court’s recent decision in Chase v. North Dakota, 966 N.W.2d 557. Accordingly, judgment was reversed and the matter remanded for further proceedings.
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