from the District Court of Grand Forks County, Northeast
Central Judicial District, the Honorable Donald Hager, Judge.
R. Chisholm (on brief), self-represented, Bismarck, ND,
plaintiff and appellant.
L. Wamstad (on brief), State's Attorney, Grand Forks, ND,
for defendant and appellee.
Rodney Chisholm appeals from the district court's summary
dismissal of his application for post-conviction relief,
denial of his motion to compel, denial of his request for
counsel, and denial of his request for a change of judge. We
affirm in part, reverse in part, and remand for further
Chisholm's application for post-conviction relief stems
from his conviction of murder on May 3, 2011. Chisholm was
sentenced to 30 years' imprisonment and we affirmed the
conviction. State v. Chisholm, 2012 ND 147, 818
Chisholm previously filed multiple applications for
post-conviction relief, one which was denied by the Honorable
Donald Hager. In his most recent application for
post-conviction relief, Chisholm alleges newly discovered
evidence entitles him to a new trial.
In conjunction with his application for post-conviction
relief, Chisholm filed a request for a change of judge
referencing N.D.C.C. § 29-15-21 and including
allegations that Judge Hager was not impartial. Chisholm also
filed a motion to compel discovery and a request for
The Honorable Lolita Hartl-Romanick reviewed Chisholm's
request for change of judge and denied his request in her
capacity as the acting presiding judge. Judge Hager
subsequently denied the motion to compel discovery, denied
the application for court-appointed counsel, and summarily
dismissed the application for post-conviction relief.
Chisholm argues the district court erred by summarily
dismissing his application for post-conviction relief,
denying his request for counsel, and denying his motion to
compel discovery. He further contends the court erred when it
denied his request for a change of judge.
Chisholm's demand for change of judge referenced N.D.C.C.
§ 29-15-21, which allows for a peremptory challenge of
an assigned judge. Within the body of the demand for change
of judge, Chisholm included allegations that ...