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2018 ND 129

Beeter v. State

North Dakota Supreme Court

Decided June 5, 2018

North Dakota Supreme Court · decided 2018-06-05

Cited by 1 later decisions — most recently April 2019

1 state decisions

Relies on State v. Iverson

Good law ✅— No negative treatment on recordhow we know

Decided 2018-06-05

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Per Curiam.

¶1 [¶ 1] Robert Beeter appeals from a district court judgment summarily dismissing his application for post-conviction relief. Beeter argues that the district court erred by concluding his application was barred by the statute of limitations. He contends the 2017 amendment to N.D.C.C. § 19-03.1-23(1)(a)(2) is a new interpretation of law and the district court should have retroactively applied it to his case. See N.D.C.C. § 29-32.1-01(3)(a)(3). We summarily affirm under N.D.R.App.P. 35.1(a)(7), concluding Beeter's application was time-barred. See State v. Iverson , 2006 ND 193 , ¶¶ 6-8, 721 N.W.2d 396 (denying retroactive application of statute that became effective after final conviction).

¶2 *887 [¶ 2] Gerald W. VandeWalle, C.J.

¶3 Jerod E. Tufte

¶4 Daniel J. Crothers

¶5 Lisa Fair McEvers

¶6 Jon J. Jensen

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