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HOLBACH v. CITY OF MINOT

Nos. 20110277, 20110278.

817 N.W.2d 340 (2012)

2012 ND 117

Mitchell David HOLBACH, Petitioner and Appellant, v. CITY OF MINOT, Respondent and Appellee.

Supreme Court of North Dakota.

Rehearing Denied July 12, 2012.

Attorney(s) appearing for the Case

Mitchell D. Holbach , self-represented, petitioner and appellant; on brief.

Kelly E. Hendershot (argued), City Prosecutor, for respondent and appellee.

MARING, Justice.

[¶ 1] Mitchell Holbach appeals from a municipal court judgment summarily dismissing his application for post-conviction relief. We conclude the judgment is not appealable but consider this appeal under our supervisory jurisdiction. We hold post-conviction relief under N.D.C.C. ch. 29-32.1 is not available in municipal courts in North Dakota. We conclude the judgment is void and direct the municipal court to dismiss Holbach's application.

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