Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.
John Patrick Murphy, self-represented, Bayport, MN, petitioner and appellant; submitted on brief.
Leah Jo Viste, Assistant State's Attorney, Fargo, ND, for respondent and appellee; submitted on brief.
Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom, Gerald W. VandeWalle, C.J. Opinion of the Court by Crothers, Justice.
[¶1] John Patrick Murphy appeals a judgment summarily dismissing his application for postconviction relief. Murphy argues that he merits postconviction relief because he received ineffective assistance of counsel and that the factual basis upon which he pled guilty was insufficient as a matter of law to support the conviction of fleeing or attempting to elude a police officer. We affirm.
[¶2] On October 12, 2005, Murphy pled guilty to fleeing or attempting to elude a
police officer, a class A misdemeanor under section 39-10-71, N.D.C.C. Murphy was sentenced to one year in the county jail with all but two days suspended. Murphy did not appeal. Murphy moved to withdraw his guilty plea on September 25, 2006, asserting an Alford plea should have been entered. North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970). An Alford plea allows an individual to enter a voluntary guilty plea without admitting guilt. Id. at 37. Murphy contended that because he was not allowed to enter an Alford plea, his probation in Minnesota was revoked and he was sentenced to nearly twenty-eight years in prison. The district court denied Murphy's motion to withdraw his guilty plea on October 6, 2006. Murphy again moved to withdraw his guilty plea on October 17, 2006, which the district court denied on April 25, 2007. Murphy did not appeal the denials of his motions to withdraw his guilty plea. Murphy applied for and was denied postconviction relief, which this Court summarily affirmed on June 26, 2008. Murphy v. State, 2008 ND 124, 756 N.W.2d 344.
[¶3] Murphy again petitioned for postconviction relief on September 19, 2013, alleging ineffective assistance of counsel. On November 1, 2013, the district court summarily dismissed Murphy's petition for postconviction relief because, effective August 1, 2013, an individual has two years after a conviction becomes final to request postconviction relief. N.D.C.C. § 29-32.1-01(2) (effective August 1, 2013). The district court determined Murphy did not meet any of the exceptions to the two-year requirement listed in section 29-32.1-01(3), N.D.C.C. Judgment was entered on November 14, 2013. Murphy appeals.
[¶4] The standard of review for a summary denial of postconviction relief is well-established:
" This Court reviews an appeal from a summary denial of post-conviction relief as it reviews an appeal from a summary judgment. 'The party opposing the motion for summary disposition is entitled to all reasonable inferences at the preliminary stages of a post-conviction proceeding and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact.' 'Although we have stated claims of ineffective assistance of counsel are ordinarily unsuited to summary disposition without an evidentiary hearing, we have upheld summary denials of post-conviction relief when the applicants were put to their proof, and summary disposition occurred after the applicants then failed to provide some evidentiary support for their allegations.' Section 29-32.1-09(3), N.D.C.C., provides: 'The court may grant a motion by either party for summary disposition if the ...