Morales was charged with murder, found guilty by a jury, and a criminal judgment was entered in September 2018. In July 2019, the North Dakota Supreme Court reversed that judgment and remanded for a new trial. In December 2019, before any new trial had occurred or been scheduled, Morales filed an application for post-conviction relief alleging ineffective assistance of counsel. The State argued post-conviction relief was unavailable because the prior conviction had been reversed.
Issue
May a defendant seek post-conviction relief after his criminal judgment has been reversed and remanded for a new trial, but before any new conviction has occurred? More specifically, was Morales entitled to an evidentiary hearing on ineffective assistance when he no longer stood convicted?
Rule
Under N.D.C.C. § 29-32.1-01(1), only a person who has been convicted of and sentenced for a crime may seek post-conviction relief. An appellate reversal vacates the judgment and places the parties in the same position as before entry of judgment. Summary disposition is proper under N.D.C.C. § 29-32.1-09(1) when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
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One of 10 multiple-choice questions for this case. Pick an answer to see why.
In Fargo, Noah Mercer was convicted of aggravated assault and sentenced to eight years. The North Dakota Supreme Court later reversed the judgment and remanded for a new trial; before any retrial occurred, Noah filed an application for post-conviction relief alleging his trial lawyer failed to investigate a key witness.
How should the court rule on Noah's application?
Explanation. Under the majority rule, post-conviction relief is available only to a person who has been convicted of and sentenced for a crime. An appellate reversal vacates the judgment and returns the parties to the same position as before entry of judgment. Because Noah's conviction was reversed and no new trial or conviction has occurred, he is statutorily ineligible for post-conviction relief, regardless of the merits of his ineffective-assistance claim.