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2018 ND 163

Odom v. State

North Dakota Supreme Court

Decided July 11, 2018

North Dakota Supreme Court · decided 2018-07-11

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 2018-07-11

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Per Curiam.

¶1 [¶ 1] Charles Bradford Odom appealed from a district court order denying his application for post-conviction relief. On appeal, Odom argues the district court erred in denying his application because the recently amended N.D.C.C. § 19-03.1-23(1)(a)(2) is a change in substantive law that should be applied retrospectively in the interest of justice. We summarily affirm under N.D.R.App.P. 35.1(a)(7), see State v. Iverson , 2006 ND 193 , ¶ 8, 721 N.W.2d 396 (holding a statute lessening punishment may not be applied retroactively to final convictions because it would constitute an invalid exercise by the Legislature of the executive pardoning power).

¶2 [¶ 2] Gerald W. VandeWalle, C.J.

¶3 Jon J. Jensen

¶4 Lisa Fair McEvers

¶5 Daniel J. Crothers

¶6 Jerod E. Tufte

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