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HOLMES v. STATE

No. 20210284.

973 N.W.2d 2 (2022)

2022 ND 70

Jerry Verl HOLMES, Sr., Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

FILED April 14, 2022.

Attorney(s) appearing for the Case

Kiara C. Kraus-Parr , Grand Forks, ND, for petitioner and appellant.

Nathan K. Madden , Assistant State's Attorney, Williston, ND, for respondent and appellee; submitted on brief.

[¶1] Jerry Holmes, Sr. appeals from a district court order denying his application for post-conviction relief. Holmes argues the court erred in summarily dismissing his application based on newly discovered evidence. He contends that a hearing on newly discovered evidence is separate and distinct from a summary judgment motion hearing...

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