Waslaski v. State
830 N.W.2d 228
| N.D. | 2013Background
- Waslaski convicted of aggravated assault in 2000 under a negotiated guilty plea.
- In 2011, he sought post-conviction relief alleging inadequate advisement of rights before his plea.
- The record of plea/sentencing was unavailable; he offered an affidavit re hearing effects as substitute record.
- May 29, 2012, district court denied petition; credibility concerns noted due to time lapse and unavailable witnesses.
- Waslaski filed a motion for reconsideration and, later, an appeal; the district court denied the motion.
- This Court ultimately held the reconsideration denial was appealable but untimely under Rule 59(j).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Timeliness and appealability of the reconsideration denial | Waslaski argues district court abused discretion; motion timely under Rule 59(j). | State contends reconsideration appeal is untimely and not properly before court. | Order is appealable but untimely under Rule 59(j). |
| Proper basis for the motion (Rule 59(j) vs 60(b)) | Motion sought relief as Rule 59(j) reconsideration. | Motion treated as 60(b) or untimely Rule 59(j) considering notice. | Motion was untimely under Rule 59(j); considered under 60(b) only for new evidence, not for underlying order. |
| Whether the new evidence constitutes grounds for relief | Affidavits from witnesses at hearing constitute newly discovered evidence. | Evidence was known prior and not grounds for relief under Rule 60(b). | Not newly discovered; no relief under Rule 60(b). |
| District court’s exercise of discretion in denying reconsideration | Discretion misused in light of witnesses' affidavits. | Record credibility and delay support denial. | No manifest abuse of discretion; decision supported by record. |
Key Cases Cited
- White v. Altru Health System, 2008 ND 48 (ND) (motion for reconsideration not an appealable order; classifications apply)
- Hammeren v. Hammeren, 2012 ND 225 (ND) (treatment of motions for reconsideration as Rule 59(j) or Rule 60(b))
- Mann v. N.D. Tax Comm’r, 2005 ND 36 (ND) (Rule 59(j) appealability when order clearly final)
- Austin v. Tourne, 1997 ND 59 (ND) (timing for Rule 59(j) where actual knowledge of entry occurs)
- Larson v. Larson, 2002 ND 196 (ND) (new evidence does not qualify for relief under Rule 60(b))