Everett v. State, 893 N.W.2d 506

Tilmer Everett was convicted by a jury in 2007 of gross sexual imposition; this Court affirmed the conviction.
Everett has repeatedly filed post-conviction applications; the courts have denied multiple successive petitions.
In August 2015 the district court entered an order barring Everett from future filings without prior permission; this Court upheld that injunction.
Everett filed motions styled as requests for permission to file "newly discovered evidence" plus applications for post-conviction relief in 2016.
The district court denied Everett's May 2016 motion to file newly discovered evidence and denied his application; Everett appealed claiming due process violations and suppression/false testimony by the State.
The Supreme Court dismissed the appeal, holding the district court’s order denying leave to file further material was not an appealable order under North Dakota law.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the district court’s denial of Everett’s motion to file newly discovered evidence is appealable	Everett: denial violated his due process rights and the State failed to respond; merits should be reviewed	State: order denying leave to file is not an appealable final order under N.D. law	Court: not appealable; appeal dismissed
Whether the district court erred in denying post-conviction relief based on newly discovered evidence	Everett: court improperly denied and should consider newly discovered evidence	State: procedural bar (motion required leave) and prior decisions foreclose relief	Court: did not reach merits because denial of leave is non-appealable
Whether the State suppressed evidence or presented false testimony in prior proceedings	Everett: alleges suppression and false testimony at oral argument in earlier case	State: prior rulings resolved issues; procedural posture prevents relitigation	Court: allegations not resolved on merits; appeal dismissed as non-appealable
Whether the filing-restriction order violated due process	Everett: continued filings without proper process violated rights	State: prior injunction and required leave are lawful	Court: prior decision upheld injunction; current denial consistent and non-appealable

State v. Everett, 2008 ND 126, 756 N.W.2d 344 (affirming Everett's conviction)
Everett v. State, 2010 ND 4, 789 N.W.2d 282 (post-conviction proceedings)
Everett v. State, 2010 ND 226, 795 N.W.2d 37 (post-conviction proceedings)
Everett v. State, 2011 ND 221, 806 N.W.2d 438 (post-conviction proceedings)
Everett v. State, 2012 ND 189, 821 N.W.2d 385 (post-conviction proceedings)
State v. Everett, 2014 ND 191, 858 N.W.2d 652 (related criminal proceedings)
Everett v. State, 2015 ND 162, 870 N.W.2d 26 (post-conviction proceedings)
Everett v. State, 2016 ND 78, 877 N.W.2d 796 (upholding filing-restriction order)
Everett v. State, 2017 ND 93 (holding denial of leave to file was not appealable)