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State v. Holkesvig

Supreme Court of North Dakota

April 28, 2015

State of North Dakota, Plaintiff and Appellee
v.
Randy Holkesvig, Defendant and Appellant

Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Lee A. Christofferson, Judge.

Peter D. Welte, State's Attorney, Grand Forks, N.D., for plaintiff and appellee; submitted on brief.

Randy Holkesvig, Fargo, N.D., defendant and appellant; submitted on brief.

Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner. Dale V. Sandstrom, Acting C.J., concur in the result. The Honorable Gerald W. VandeWalle, C.J., disqualified himself subsequent to oral argument and did not participate in this decision.

OPINION

Page 532

Daniel J. Crothers, Justice.

[¶1] Randy Holkesvig appeals from a district court order denying his various postconviction motions in these criminal cases and from an order barring him from filing any further motions or pleadings at the district court level in these cases. We affirm the court's order denying his motions because the district court did not abuse its discretion and because his appeal is frivolous. We affirm the separate order enjoining Holkesvig from further filings in these criminal cases, as modified to comport with N.D.C.C. ch. 29-32.1.

I

[¶2] In 2008, Holkesvig was charged with stalking, a class A misdemeanor, and with violation of a disorderly conduct restraining order, a class A misdemeanor. In June 2008, Holkesvig pleaded guilty to the stalking charge, and the other charge was dismissed. Holkesvig received a two-year deferred imposition of sentence, which he completed. In 2011, Holkesvig applied for postconviction relief which the district court denied, and this Court summarily affirmed on appeal. Holkesvig v. State, 2013 ND 1, ¶ 2, 828 N.W.2d 546.

[¶3] Since pleading guilty, Holkesvig has engaged in extensive, unsuccessful and frivolous civil litigation against various parties, alleging wrongdoing in the criminal investigation and prosecution. See Holkesvig v. Rost, 2015 ND 67, 861 N.W.2d 488; Holkesvig v. Hutton, 2015 ND 48, 861 N.W.2d 172; Holkesvig v. Grove, 2014 ND 57, 844 N.W.2d 557; Holkesvig v. Moore, 2013 ND 2, 828 N.W.2d 546; Holkesvig v. Welte, 2012 ND 236, 823 N.W.2d 786; Holkesvig v. Grove, 2012 ND 208, 823 N.W.2d 786; Holkesvig v. Welte, 2012 ND 142');"> 2012 ND 142, 818 N.W.2d 760; Holkesvig v. Welte, 2012 ND 14, 809 N.W.2d 323; Holkesvig v. Moore, 2011 ND 199, 806 N.W.2d 438; Holkesvig v. Welte, 2011 ND 161, 801 N.W.2d 712.

[¶4] In February 2014, Holkesvig filed seven motions in the two criminal cases, including (1) a " motion to file fraud upon the court," (2) a " motion for express leave of court approval to file new documents," (3)

Page 533

a " motion for oral argument," (4) a " motion to combine the fraud upon the court and deceit," (5) a " motion for express leave of court approval to file a motion to amend complaint," (6) a " motion to amend complaint" and (7) a " motion to file new evidence and to protect all prior evidence." After an April 2014 hearing, the district court entered two orders on May 27, 2014--one denying Holkesvig's motions and another essentially barring ...


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