858 N.W.2d 632
N.D.2015Background
- Johnson was convicted in 1999 of simple assault and two counts of contact by bodily fluid or excrement, and later convictions were reversed and remanded due to improper jury instructions.
- In 2002 Johnson was again convicted of all three counts, judgment entered December 11, 2002, and an appeal was pursued but later withdrawn after a plea bargain; the appeal was dismissed August 13, 2003.
- On March 21, 2014 Johnson applied for post-conviction relief, alleging ineffective assistance of counsel, supported by a July 17, 2013 letter from his trial attorney acknowledging mistakes.
- The State moved to dismiss arguing the two-year statute of limitations for post-conviction relief had expired; the district court summarily dismissed as untimely.
- Johnson appealed, and the Supreme Court affirmed the district court’s dismissal as untimely based on the two-year limit and lack of applicable exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 2013 attorney letter fits newly discovered evidence exception | Johnson | State | No; letter vague, no evidentiary support, does not prove innocence. |
| Whether mental disability/disability exception applies | Johnson | State | No; not raised below, not addressed on appeal. |
Key Cases Cited
- Murphy v. State, 845 N.W.2d 327 (2014 ND 84) (summary disposition upheld where no genuine issue of material fact)
- Kinsella v. State, 840 N.W.2d 625 (2013 ND 238) (post-conviction review governed by civil standards; review of summary dispositions)
- State v. Johnson, 636 N.W.2d 391 (2001 ND 184) (prior reversal for improper jury instructions; relevant to collateral review context)