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.

Caster v. State

Supreme Court of North Dakota

July 11, 2019

Lekemia D'Andre Caster, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

          Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.

          Samuel A. Gereszek, East Grand Forks, MN, for petitioner and appellant.

          Tessa M. Vaagen, Assistant State's Attorney, Bismarck, ND, for respondent and appellee.

          OPINION

          VandeWalle, Chief Justice.

         [¶1] Lekemia D'Andre Caster appealed from a district court order summarily denying his application for post-conviction relief. We conclude the court failed to explain its reasoning in its order. We remand for further proceedings.

         I

         [¶2] On May 6, 2015, Caster pleaded guilty to two counts of child neglect or abuse and was sentenced to eighteen months' probation. The State filed a petition for revocation in June 2016. On August 1, 2016, Caster applied for indigent defense services but was denied due to his income. The letter notifying Caster of this denial was returned undeliverable on August 12, 2016. A revocation hearing held on September 13, 2016, resulted in Caster's probation being revoked and he received an eighteen month prison sentence. Caster appealed the revocation judgment to this Court, which we summarily affirmed. State v. Caster, 2017 ND 87, 894 N.W.2d 908.

         [¶3] On October 8, 2018, Caster filed an application for post-conviction relief alleging newly discovered evidence and an unlawful sentence. The State filed an answer, a motion for summary disposition, and a proposed order granting the State's motion on November 8, 2018. The State's motion for summary disposition alleged Caster's application was untimely, did not raise an issue of material fact, constituted a misuse of process, and presented claims that were fully and finally determined in a previous proceeding. Caster filed a reply brief and an amended petition for relief on November 26, 2018, disputing that his petition was untimely and raising a new issue under the Sixth Amendment. The State did not respond to the amended petition at any point. On January 30, 2019, the district court summarily denied Caster's petition by signing the State's proposed order. The order stated only:

         For the reasons articulated in the State's Motion, IT IS ORDERED:

Petitioner's Application for Post-Conviction Relief is summarily denied.
II

         [¶4] The standard of review for a summary denial of post-conviction 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 ...

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.