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ATKINS v. STATE

No. 20200266.

959 N.W.2d 588 (2021)

2021 ND 83

Cody Michael ATKINS, Defendant and Appellant, v. STATE of North Dakota, Plaintiff and Appellee.

Supreme Court of North Dakota.

Filed May 6, 2021.

Attorney(s) appearing for the Case

Benjamin C. Pulkrabek , Mandan, ND, for defendant and appellant; submitted on brief.

Meredith H. Larson , Assistant State's Attorney, Grand Forks, ND, for plaintiff and appellee; submitted on brief.

[¶1] Cody Michael Atkins appeals from an order summarily dismissing his application for post-conviction relief sua sponte. Atkins argues the district court erred by failing to give him notice prior to dismissal, applying affirmative defenses not raised by the State, and by failing to address his actual innocence argument....

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