Riak v. State
2015 ND 120
| N.D. | 2015Background
- Riak Riak pled guilty in 2009 to gross sexual imposition, a class A felony, and was sentenced to twenty years with three suspended for ten years on probation.
- In 2010 Riak applied for post-conviction relief alleging ineffective assistance of trial counsel, but withdrew that application by stipulation.
- Riak filed a new post-conviction relief application in February 2013 alleging ineffective assistance and excessive sentence.
- District court did not rule on the State’s response until after November 2013; on November 22, 2013 it dismissed Riak’s February 2013 application without prejudice.
- Riak sought to reopen the dismissed application in February–March 2014; the district court denied, Riak appealing timely; amendments in 2013 introduced a two-year limitations period and ability to dismiss meritless applications on motion.
- The Northwest Court reversed, holding the district court abused its discretion and remanded to reopen Riak’s February 2013 application for the State to respond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court abused its discretion denying reopening under Rule 60(b) | Riak | State | Yes; district court abused discretion; remand |
| Whether the February 2013 application should have been dismissed without prejudice | Riak | State | No; dismissal without prejudice improper; remand to permit proof |
| Effect of 2013 amendments on summary dismissal and notice requirements | Riak | State | Amendments do not waive notice but court erred in denying relief; remand |
Key Cases Cited
- Waslaski v. State, 2013 ND 70 (2013) (standard for Rule 60(b) relief on appeal)
- Bay v. State, 2003 ND 183 (2003) (Rule 60(b) relief standards)
- Palmer v. State, 2012 ND 237 (2012) (burdens in Rule 60(b) relief cases)
- Chisholm v. State, 2014 ND 125 (2014) (notice and opportunity to respond before summary dismissal under prior law)
- Jaskoviak v. Gruver, 2002 ND 1 (2002) (dismissal without prejudice final when statute of limitations would bar refiling)
- Murphy v. State, 2014 ND 84 (2014) (two-year statute of limitations applicable to post-conviction relief)
- Lindsey v. State, 2014 ND 174 (2014) (application of amendments to post-conviction relief timing)
- Estate of Wieland, 1998 ND 130 (1998) (standards for vacating judgments under Rule 60(b))
- King v. Montz, 219 N.W.2d 836 (ND 1974) (meritorious defense required for vacating default judgments)
- Arnold, 2001 ND 130 (2001) (three-part test for vacating judgments under Rule 60(b))