Everett v. State
Annotate this Case
In the case before the Supreme Court of North Dakota, Russell Everett Jr., the appellant, sought to appeal a district court's order dismissing his application for post-conviction relief. Everett contended that he had not been served with two orders from his first post-conviction relief proceeding, thereby denying him the right to appeal those orders. He also alleged that the discovery of these orders constituted newly discovered evidence, and that he had received ineffective assistance of counsel during his direct appeal.
Everett had been convicted of two counts of gross sexual imposition and had been sentenced to two life sentences with the possibility of parole. His conviction was affirmed by this court. In his first application for post-conviction relief, Everett argued that the witness's testimony had been coerced by their family and that he had discovered new evidence that could overturn his conviction. He also claimed ineffective assistance of counsel and a violation of his right to a fair trial as the victim-witness did not attend the trial. The district court denied this application, and neither the order nor notice of entry of the order was served on Everett.
In response to Everett's second application for post-conviction relief, the court summarily dismissed it. Everett subsequently appealed this decision to the Supreme Court of North Dakota.
The Supreme Court of North Dakota affirmed the district court's dismissal of Everett's second application for post-conviction relief. The court determined that Everett's claim of "newly discovered evidence" did not meet the statutory requirements as it did not pertain to his original conviction. Furthermore, the court found that Everett's appeal had been filed beyond the two-year statute of limitations for filing post-conviction relief claims, and no exception to this statute applied in this case. Additionally, his claim of ineffective assistance of counsel was also deemed to have been filed after the statute of limitations had expired. Therefore, the court concluded that the district court had not erred in dismissing Everett's claims for post-conviction relief and ineffective assistance of counsel.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.