Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hieb v. State

Supreme Court of North Dakota

July 20, 2016

David Lynn Hieb, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

         Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.

          Laura C. Ringsak, for petitioner and appellant.

          Ryan J. Younggren, Assistant State's Attorney, for respondent and appellee.

          OPINION

          Kapsner, Justice.

         [¶ 1] David Hieb appeals from a district court order denying his application for post-conviction relief. Hieb argues his conviction should be reversed because he pled guilty to conspiracy to commit felony murder which is not a cognizable offense. We affirm, concluding Hieb's application is untimely.

         I

         [¶ 2] In 2005, Hieb was charged with conspiracy to commit murder in violation of N.D.C.C. §§ 12.1-06-04 and 12.1-16-01. The information was amended to include an additional charge of murder in violation of N.D.C.C. § 12.1-16-01(1)(c). The information was amended a second time to dismiss the murder charge. Hieb pled guilty to conspiracy to commit murder.

         [¶ 3] On October 7, 2015, Hieb applied for post-conviction relief. He argued his application was not barred by the two-year statute of limitations because an exception to the statute of limitations for the retroactive application of a new interpretation of state law applies. He claimed this Court held conspiracy to commit extreme indifference murder is not a cognizable offense in State v. Borner, 2013 ND 141, 836 N.W.2d 383; Borner applies retroactively; he pled guilty to conspiracy to commit murder without specifying which type of murder; and therefore he pled guilty to an offense that is not a crime.

         [¶ 4] The State requested the application for post-conviction relief be denied. The State argued the two-year statute of limitations applied and Hieb voluntarily pled guilty waiving the right to challenge non-jurisdictional defects. The State also argued summary disposition was appropriate.

         [¶ 5] The district court denied Hieb's application. The court found the statute of limitations prohibits the application and Hieb did not establish he was entitled to an exception. The court also found Hieb's guilty plea was knowing and voluntary.

         II

         [¶ 6] Hieb argues the district court erred in denying his application for post conviction relief and his conviction should be reversed because conspiracy to commit felony murder is not a cognizable offense.

         [¶ 7] An application for post-conviction relief must be filed within two years of the date the conviction becomes final, unless:

(1) The petition alleges the existence of newly discovered evidence, including DNA evidence, which if proved and reviewed in light of the evidence as a whole, would establish that the petitioner did not engage in the ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.