District court order summarily denying application for post-conviction relief remanded with instructions for further proceedings. Reliance on proposed orders containing no factual findings, conclusions of law, or support from the record does not satisfy the requirements of N.D.C.C. § 29-32.1-11.
Lekemia D’Andre Caster, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20190043
Appeal from the District Court of Burleigh County, South Central Judicial
District, the Honorable David E. Reich, Judge.
AFFIRMED.
Per Curiam.
Samuel A. Gereszek, Grand Forks, ND, for petitioner and appellant.
Tessa M. Vaagen, Assistant State’s Attorney, Bismarck, ND, for respondent
and appellee.
Caster v. State
No. 20190043
Per Curiam.
[¶1] Lekemia D’Andre Caster appealed from a district court order summarily
denying his application for post-conviction relief. In his application for post-conviction relief, Caster alleges the existence of newly discovered evidence and
he received an unlawful sentence. Because the district court’s order did not
explain its reasoning, and the record did not provide any insight into the court’s
reasoning, we were unable to determine whether the court erred in denying
Caster’s application for post-conviction relief. We retained jurisdiction under
N.D.R.App.P. 35(a)(3) and remanded with instructions that the district court
explain its reasoning, hold an evidentiary hearing if necessary, and make
sufficient findings of fact on Caster’s amended application for post-conviction
relief. Caster v. State,
.
[¶2] An evidentiary hearing was scheduled on September 3, 2019. The parties
concurred that no further evidence was necessary and legal argument would
suffice. On November 7, 2019, the district court issued an order containing
findings of fact and summarily dismissing Caster’s application. After reviewing
the district court’s findings of fact, we summarily affirm under N.D.R.App.P.
35.1(a)(6).
[¶3] Jon J. Jensen, C.J.
Gerald W. VandeWalle
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers
2
