Caster v. State

2019 ND 187, 931 N.W.2d 223
CourtNorth Dakota Supreme Court
DecidedJuly 11, 2019
Docket20190043
StatusPublished
Cited by4 cases

This text of 2019 ND 187 (Caster v. State) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caster v. State, 2019 ND 187, 931 N.W.2d 223 (N.D. 2019).

Opinion

VandeWalle, Chief Justice.

[¶1] Lekemia D'Andre Caster appealed from a district court order summarily denying his application for post-conviction relief. We conclude the court failed to explain its reasoning in its order. We remand for further proceedings.

I

[¶2] On May 6, 2015, Caster pleaded guilty to two counts of child neglect or abuse and was sentenced to eighteen months' probation. The State filed a petition for revocation in June 2016. On August 1, 2016, Caster applied for indigent defense services but was denied due to his income. The letter notifying Caster of this denial was returned undeliverable on August 12, 2016. A revocation hearing held on September 13, 2016, resulted in Caster's probation being revoked and he received an eighteen month prison sentence. Caster appealed the revocation judgment to this Court, which we summarily affirmed. State v. Caster , 2017 ND 87 , 894 N.W.2d 908 .

[¶3] On October 8, 2018, Caster filed an application for post-conviction relief alleging newly discovered evidence and an unlawful sentence. The State filed an answer, a motion for summary disposition, and a proposed order granting the State's motion on November 8, 2018. The State's motion for summary disposition alleged Caster's application was untimely, did not raise an issue of material fact, constituted a misuse of process, and presented claims that were fully and finally determined in a previous proceeding. Caster filed a reply brief and an amended petition for relief on November 26, 2018, disputing that his petition was untimely and raising a new issue under the Sixth Amendment. The State did not respond to the amended petition at any point. On January 30, 2019, the district court summarily denied Caster's petition by signing the State's proposed order. The order stated only:

For the reasons articulated in the State's Motion, IT IS ORDERED:
Petitioner's Application for Post-Conviction Relief is summarily denied.

II

[¶4] The standard of review for a summary denial of post-conviction relief is well-established:

This Court reviews an appeal from a summary denial of post-conviction relief as it reviews an appeal from a summary judgment. The party opposing the motion for summary disposition is entitled to all reasonable inferences at the preliminary stages of a post-conviction proceeding and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact.

Koenig v. State , 2018 ND 59 , ¶ 26, 907 N.W.2d 344 (citation and quotation marks omitted).

[¶5] A district court may summarily dismiss an application for post-conviction relief under N.D.C.C. § 29-32.1-09 if there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. Koenig , 2018 ND 59 , ¶ 28, 907 N.W.2d 344 . After the moving party has shown no genuine issue *225 of material fact exists, the opposing party must present competent admissible evidence by affidavit or other comparable means which demonstrates a genuine issue of material fact. Owens v. State , 1998 ND 106 , ¶ 13, 578 N.W.2d 542 . For summary judgment purposes, the evidentiary assertions of the opposing party are assumed to be true. Stein v. State , 2018 ND 264 , ¶ 5, 920 N.W.2d 477 .

III

[¶6] Caster argues the district court failed to address his amended petition's claims and allegations in its order. Section 29-32.1-11, N.D.C.C., outlines the requirements of a district court's order in post-conviction relief proceedings:

1. The court shall make explicit findings on material questions of fact and state expressly its conclusions of law relating to each issue presented.
2. If the court rules that the applicant is not entitled to relief, its order must indicate whether the decision is based upon the pleadings, is by summary disposition, or is the result of an evidentiary hearing.

N.D.C.C. § 29-32.1-11. When presented with conclusory or missing findings of fact, this Court ordinarily remands unless we can discern the rationale for the result reached by the district court through inference or deduction. See Cody v. State , 2017 ND 29 , ¶ 13, 889 N.W.2d 873 ; see also Moen v. State , 2003 ND 17 , ¶ 7, 656 N.W.2d 671 . We may rely on the implied reasoning or findings of fact when the record enables us to understand the factual determinations made by the trial court and the basis for its conclusions of law and judgment. Cody , at ¶ 11 ; Moen , at ¶ 7. A court should avoid engaging in a minimalist approach to making findings of fact and conclusions of law. See State v. Raulston , 2005 ND 212 , ¶ 19, 707 N.W.2d 464 ; Johnson v. State , 2006 ND 122 , ¶ 23, 714 N.W.2d 832 .

[¶7] In "a rare instance," this Court affirmed an order devoid of reasoning where the Court could easily ascertain the district court's reasoning and basis for granting a motion for summary judgment. Gonzalez

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Cite This Page — Counsel Stack

Bluebook (online)
2019 ND 187, 931 N.W.2d 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caster-v-state-nd-2019.