965 N.W.2d 416
N.D.2021Background
- LeRoy Wheeler was convicted in 2005 of gross sexual imposition and related offenses; convictions were affirmed on direct appeal.
- Wheeler filed postconviction relief (PCR) applications in 2007 and 2015, both denied; the 2015 denial included an order barring further filings without prior judicial leave.
- The North Dakota Supreme Court modified the 2015 order to require Wheeler to obtain the presiding judge’s approval before filing any new PCR applications under N.D.C.C. ch. 29-32.1.
- In March 2021 Wheeler filed new PCR petitions alleging newly discovered evidence and that the State presented false evidence; the district court accepted and reviewed them despite the prior leave requirement.
- The district court found the 2021 claims repetitive, meritless, and barred by res judicata/collateral estoppel, denied relief, and effectively concluded Wheeler failed to meet the meritorious-claim requirement for leave.
- The Supreme Court treated the district court’s decision as a denial of leave to file and dismissed the appeal because denial of leave is not appealable.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wheeler could file PCR petitions without prior judicial leave | Wheeler: petitions should be considered on their merits as newly discovered evidence | State: Wheeler is barred from filing without judge’s prior approval per 2015 order | Court: Filings required prior approval; treated as request for leave and denied |
| Whether Wheeler presented newly discovered evidence supporting vacation of convictions | Wheeler: new evidence and false evidence claims warrant relief | State: claims are repetitive, meritless, and barred by res judicata/collateral estoppel | Court: claims are not newly discovered and lack merit |
| Whether the order denying relief is appealable | Wheeler: appealed district court denial on merits | State: denial of leave to file is not appealable | Court: Denial of leave to file is not appealable; appeal dismissed |
Key Cases Cited
- State v. Wheeler, 2006 ND 95, 719 N.W.2d 384 (direct-appeal affirmance of convictions)
- Wheeler v. State, 2015 ND 264, 872 N.W.2d 634 (modified district court order requiring leave to file PCRs)
- Everett v. State, 2017 ND 93, 892 N.W.2d 898 (order denying leave to file is not appealable)
- Everett v. State, 2018 ND 114, 910 N.W.2d 835 (courts should not reach merits when filings are barred without leave)
- Everett v. State, 2020 ND 257, 952 N.W.2d 95 (reaffirming that denials of leave to file are nonappealable and merits should not be reached)