Kovalevich v. State, 915 N.W.2d 644

In 2013 a jury convicted Sean Kovalevich of two counts of gross sexual imposition (charged as class AA felonies) and one count of corruption of a minor for sexual acts with a minor in Feb. and Aug. 2012.
Kovalevich’s direct appeal and an earlier post-conviction petition were both previously litigated and affirmed by this Court.
In April 2017 Kovalevich filed another application for post-conviction relief asserting newly discovered evidence—a hotel receipt dated July 2012 (the “July receipt”)—would change the timeline of trips to Canad Inns and the victim’s age at the time of the offenses.
Kovalevich argued the July receipt showed the victim was 15 at the time of the incidents underlying the AA felony counts, which would reduce the offenses to class C felonies.
The district court denied relief, concluding the July receipt was not newly discovered evidence that would likely produce an acquittal; the court summarily disposed of other claims.
This appeal challenges only the denial of post-conviction relief based on newly discovered evidence; the Supreme Court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the July 2012 hotel receipt is newly discovered evidence warranting post-conviction relief (or a new trial)	Receipt proves the sequence/timing of trips is different so the victim was 15 when assaults occurred, negating AA felony elements	Victim’s testimony and interviews already supported multiple trips, possible alternate names/hotels explain missing receipts; receipt does not undermine trial timeline or convictions	The receipt would not likely produce an acquittal; post-conviction relief denied and district court affirmed

Wilson v. State, 833 N.W.2d 492 (N.D. 2013) (post-conviction proceedings treated as civil and facts reviewed for clear error)
Greywind v. State, 689 N.W.2d 390 (N.D. 2004) (standards for treating newly discovered evidence claim as motion for new trial)
State v. Steinbach, 575 N.W.2d 193 (N.D. 1998) (elements required to prevail on new-trial motion based on newly discovered evidence)
Wheeler v. State, 750 N.W.2d 446 (N.D. 2008) (abuse-of-discretion standard for trial court decisions)
Ramsey v. State, 833 N.W.2d 478 (N.D. 2013) (post-conviction/new-evidence review framework)
Addai v. State, 893 N.W.2d 480 (N.D. 2017) (trial court credibility determinations and weight of evidence in post-conviction review)
State v. Kovalevich, 858 N.W.2d 625 (N.D. 2015) (affirming Kovalevich’s criminal conviction on direct appeal)
Kovalevich v. State, 891 N.W.2d 778 (N.D. 2017) (prior appeal affirming denial of earlier post-conviction relief)