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BURDEN v. STATE

No. 20180353.

930 N.W.2d 619 (2019)

2019 ND 178

James Ryan BURDEN, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

Filed July 3, 2019.

Attorney(s) appearing for the Case

Scott O. Diamond , Fargo, ND, for petitioner and appellant.

Thomas A. Gehrz (argued), and Meredith H. Larson (on brief), Grand Forks County State's Attorney Office, Grand Forks, ND, for respondent and appellee.

[¶1] James Burden appealed from orders summarily dismissing his application for post-conviction relief and denying his motion for relief from that dismissal. We conclude that the district court applied the wrong standard in dismissing Burden's application on the pleadings and that he was not given the required time...

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