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Appeal from the District Court of Pembina County, Northeast Judicial District, the Honorable M. Richard Geiger, Judge.
Erin M. Conroy, Bottineau, ND, for petitioner and appellant; submitted on brief.
Stephenie L. Davis, State's Attorney, Cavalier, ND, for respondent and appellee; submitted on brief.
Carol Ronning Kapsner, Lisa Fair McEvers, Dale V. Sandstrom, Gerald W. VandeWalle, C.J. Opinion of the Court by Kapsner, Justice. I concur in the result. Daniel J. Crothers.
[¶1] Stacy Peltier appeals from a district court order denying his post-conviction relief petition. Because Peltier failed to establish a genuine issue of material fact regarding his claims and the district court did not abuse its discretion in determining that withdrawing Peltier's pleas was not necessary to correct a manifest injustice, we affirm the district court's order.
[¶2] In May 1993, under a plea agreement, Peltier pled guilty to eighteen burglary counts stemming from burglaries in eight North Dakota counties. The trial court accepted his pleas and sentenced him to five years for each count with the time to run concurrently. He did not file a direct appeal on that criminal case, and after serving his sentence, he was released in November 1996. He has since been convicted of federal crimes, he is currently incarcerated, and he claims his federal sentence was enhanced due to his prior state convictions.
[¶3] In January 2013, seeking to mitigate the federal sentencing enhancements, Peltier filed a post-conviction relief petition, arguing his state conviction was obtained in violation of the Fifth, Sixth, and Fourteenth Amendments, his rights under N.D.R.Crim.P. 11 were violated, he received ineffective assistance of counsel, and the trial court failed to properly combine his cases causing him to be prejudiced. The district court summarily denied his petition.
[¶4] On appeal, Peltier argues the district court erred in denying his post-conviction relief petition and erred in finding the State established the affirmative defense of laches.
[¶5] " This Court reviews an appeal from a summary dismissal of post-conviction relief as it would review an appeal from summary judgment." Overlie v. State, 2011 ND 191, ¶ 6, 804 N.W.2d 50. A district court may summarily dismiss a post-conviction relief petition if there is no genuine issue of material fact, and the moving party is entitled to judgment as a matter of law. Id.
[¶6] Under current law, a post-conviction relief application " must be filed within two years of the date the conviction becomes final." N.D.C.C. § 29-32.1-01(2). This provision was added to N.D.C.C. ch. 29-32.1 and became effective on August 1, 2013. 2013 N.D. Sess. Laws ch. 248. Because Peltier's application was filed January 2013, the prior version of the chapter applies and this provision does not bar his application.
[¶7] Peltier argues the district court erred in denying his petition ...