Beeter v. State

2018 ND 129, 911 N.W.2d 886

• Court: North Dakota Supreme Court
• Decided: June 5, 2018
• Docket: 20180032
• Status: Published

Opinion

Per Curiam.

[¶ 1] Robert Beeter appeals from a district court judgment summarily dismissing his application for post-conviction relief. Beeter argues that the district court erred by concluding his application was barred by the statute of limitations. He contends the 2017 amendment to N.D.C.C. § 19-03.1-23(1)(a)(2) is a new interpretation of law and the district court should have retroactively applied it to his case. See N.D.C.C. § 29-32.1-01(3)(a)(3). We summarily affirm under N.D.R.App.P. 35.1(a)(7), concluding Beeter's application was time-barred. See State v. Iverson , 2006 ND 193 , ¶¶ 6-8, 721 N.W.2d 396 (denying retroactive application of statute that became effective after final conviction).

*887 [¶ 2] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

Lisa Fair McEvers

Jon J. Jensen