¶1concurring specially.
¶2[¶ 16] Moore appeals after the district court summarily dismissed his third post-conviction application. I agree with the result reached by the majority. I write separately to note that the principle in Johnson v. State, 2004 ND 130, ¶¶ 15-17, 681 N.W.2d 769, on which the majority relies, was of doubtful continued viability in view of the separate opinion signed by four justices in Coppage v. State, 2011 ND 227, ¶¶ 22-28, 807 N.W.2d 585 (Sandstrom, J., concurring specially), even before the legislature adopted comprehensive post-conviction relief reform in S.B. 2227, effective August 31, 2013.