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JOHNSON v. STATE

Nos. 20090321, 20090322.

790 N.W.2d 741 (2010)

2010 ND 213

Robert L. JOHNSON, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

November 9, 2010.

Attorney(s) appearing for the Case

Robert N. Quick , Bismarck, ND, for petitioner and appellant.

Frederick R. Fremgen , State's Attorney, Jamestown, ND, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Robert Johnson appealed from the district court's order summarily dismissing his application for post-conviction relief. Summary dismissal of the application for post-conviction relief was not appropriate because a district court cannot, on its own motion, dismiss an application on the basis of the affirmative defense of res judicata. We reverse and remand for further proceedings.

I.

[¶ 2] In 2008, a jury...

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