943 N.W.2d 761
N.D.2020Background
- Bradley Morales was convicted of murder and a criminal judgment was entered in September 2018.
- In July 2019 the North Dakota Supreme Court reversed the conviction and remanded for a new trial.
- Morales filed an application for post-conviction relief in December 2019 before a new trial date was set.
- The State moved for summary disposition under N.D.C.C. § 29-32.1-09, arguing post-conviction relief is unavailable while the conviction has been vacated on appeal.
- The district court dismissed Morales’ application without an evidentiary hearing.
- Morales appealed, arguing denial of due process and that he should have been allowed an evidentiary hearing to pursue an ineffective-assistance-of-counsel claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Availability of post-conviction relief after appellate reversal/remand | Morales: may pursue post-conviction relief for IAC despite reversal | State: appellate reversal vacates judgment; no current conviction, so petitioner does not meet statute’s eligibility | Court: affirmed dismissal — vacated judgment means petitioner is not "convicted" and statute does not permit relief now |
| Need for evidentiary hearing on ineffective assistance of counsel | Morales: due process required an evidentiary hearing to present IAC claims | State: moved for summary dismissal; Morales failed to produce admissible evidence creating a genuine issue of material fact | Court: no hearing required because Morales did not meet the minimal burden to raise a factual issue after State’s motion; summary dismissal proper |
Key Cases Cited
- State v. Morales, 932 N.W.2d 106 (N.D. 2019) (appellate reversal vacated judgment and remanded for new trial)
- DeCoteau v. State, 586 N.W.2d 156 (N.D. 1998) (standard for reviewing summary denial of post-conviction relief mirrors summary judgment review)
- Overlie v. State, 804 N.W.2d 50 (N.D. 2011) (when State moves for dismissal petitioner must adduce admissible evidence to raise a genuine issue of material fact)
- Mahoney v. Mahoney, 567 N.W.2d 206 (N.D. 1997) (an appellate reversal vacates the judgment and returns the parties to their pre-judgment positions)