Vandeberg v. State

2003 ND 71, 660 N.W.2d 568, 2003 N.D. LEXIS 89, 2003 WL 21006139
North Dakota Supreme Court·Decided May 6, 2003·No. 20020320, 20020321·Published·Cited by 42 cases

Opinions

NEUMANN, Justice.

[¶ 1] Jesse James Vandeberg appeals from the summary dismissal of an application for post-conviction relief. We reverse and remand.

[¶ 2] In 1986, Vandeberg entered guilty pleas to charges of felony robbery and felony theft. On those pleas, Vandeberg was sentenced to prison terms of three and four years respectively. On July 26, 2002, Vandeberg filed a petition for post-conviction relief alleging he did not knowingly and voluntarily enter his guilty pleas, his court-appointed attorney failed to follow through with an appeal on the robbery charge, and his guilty pleas were entered although he was innocent of the charges. On September 10, 2002, the State responded and moved for summary disposition. On October 17, 2002, the trial court denied the petition and granted summary disposition because the State’s response and motion for summary disposition put Vande-berg “to his proof’ and he subsequently failed to provide the required evidence in support of his allegations. Vandeberg appeals.

[¶ 3] Vandeberg argues he did not knowingly and voluntarily enter guilty pleas on the felony robbery and theft charges, and argues both of his court-appointed attorneys provided ineffective assistance of counsel. We do not reach these issues and decline to discuss them. The dispositive issue is whether the State’s response to Vandeberg’s application for post-conviction relief was sufficient to put Vandeberg on his proof. See Steinbach v. State, 2003 ND 46, ¶ 9, 658 N.W.2d 355, and Weaver v. State, 2003 ND 47, ¶ 3, 658 N.W.2d 352.

[¶ 4] As we recently stated in Weaver, at ¶ 4,

While our ease law requires a petitioner to establish a basis for post-conviction relief, a petitioner need not provide evidence or proof with an application. N.D.C.C. § 29-32.1-04. A petitioner meeting the required conditions and applying for post-conviction relief must “set forth a concise statement of each ground for relief, and specify the relief requested. Argument, citations, and discussion of authorities are unnecessary.” N.D.C.C. § 29-32.1-04(1). “Affidavits or other material supporting the application may be attached, but are unnecessary.” N.D.C.C. § 29-32.1-04(2). The State may respond by answer or motion to the petitioner’s application, if at all, within thirty days. N.D.C.C. § 29-32.1-06(1). The State may move to dismiss the application if “it is evident from the application that the applicant is not entitled to postconviction relief and [571] no purpose would be served by any further proceedings.” N.D.C.C. § 29-32.1-06(2). The trial court “shall take account of substance regardless of defects of form.” Id.

[¶ 5] “The procedure followed for a motion for the summary disposition of a petition for post-conviction relief is similar to that followed for a motion for summary judgment.” Weaver, 2003 ND 47, ¶ 5, 658 N.W.2d 352. Proceedings for post-conviction relief are civil in nature and all rules and statutes applicable in civil proceedings are available to the parties. Id. Our review of a summary denial of post-conviction relief is like the review of an appeal from a summary judgment. Id. A trial court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. Id. The initial burden is on the moving party to show there is no genuine issue of material fact. Id. If the movant initially shows there is no genuine issue of material fact, the burden shifts to the non-movant to demonstrate there is a genuine issue of material fact. Id. For the summary disposition of a petition for post-conviction relief, the moving party bears the burden of showing there is no dispute as to either the material facts or the inferences to be drawn from undisputed facts, and that the movant is entitled to judgment as a matter of law. Id.; N.D.C.C. § 29-32.1-09(1). A genuine issue of material fact exists if reasonable minds could draw different inferences and reach different conclusions from the undisputed facts. See Belgarde v. Rosenau, 388 N.W.2d 129, 130 (N.D.1986).

[¶ 6] A movant may discharge his burden of showing there is no genuine issue of material fact by pointing out to the trial court there is an absence of evidence to support a petitioner’s case. Steinbach, 2003 ND 46, ¶ 12, 658 N.W.2d 355. Once the movant shows the trial court there is no record evidence to support the petitioner’s claim and, therefore, there is nothing the State can point to in support of its assertion no such evidence exists, “the movant has put the petitioner on his proof and a minimal burden has shifted to the petitioner to provide some competent evidence to support his claim.” Weaver, 2003 ND 47, at ¶ 6, 658 N.W.2d 352. The State is permitted to shift the burden in this manner only in those cases in which it would otherwise be required to prove the complete absence of any evidence supporting the nonmovant’s claims and allegations in order to meet its initial burden of showing there are no contested issues of material fact. Id. Otherwise, the moving party’s initial burden must still be met before the burden can be shifted to the nonmov-ant to produce evidence prior to the hearing to support his claim. Id. The party opposing the motion is entitled to all reasonable inferences at the preliminary stages of a post-conviction relief proceeding, and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Vandeberg v. State, 2003 ND 71, 660 N.W.2d 568, 2003 N.D. LEXIS 89, 2003 WL 21006139 (N.D. 2003).

2003 ND 71 (Vandeberg v. State) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Kraft v. State
2025 ND 155 (North Dakota Supreme Court, 2025)
Almklov v. State
2025 ND 27 (North Dakota Supreme Court, 2025)
Lindeman v. State
2024 ND 228 (North Dakota Supreme Court, 2024)
Etemad v. State
2023 ND 108 (North Dakota Supreme Court, 2023)
Paul Michael Harnetty v. The State of Wyoming
2022 WY 68 (Wyoming Supreme Court, 2022)
Burden v. State
2019 ND 178 (North Dakota Supreme Court, 2019)
Ourada v. State
2019 ND 10 (North Dakota Supreme Court, 2019)
Davies v. State
2018 ND 211 (North Dakota Supreme Court, 2018)
Horvath v. State
2018 ND 24 (North Dakota Supreme Court, 2018)
Leavitt v. State
2017 ND 173 (North Dakota Supreme Court, 2017)
Howard v. State
2015 ND 102 (North Dakota Supreme Court, 2015)
Haag v. State
2012 ND 241 (North Dakota Supreme Court, 2012)
State, ex rel. Madden v. Rustad
2012 ND 242 (North Dakota Supreme Court, 2012)
Mackey v. State
2012 ND 159 (North Dakota Supreme Court, 2012)
Coppage v. State
2011 ND 227 (North Dakota Supreme Court, 2011)
State v. Schmidt
2011 ND 238 (North Dakota Supreme Court, 2011)
Overlie v. State
2011 ND 191 (North Dakota Supreme Court, 2011)
State ex rel. I.R.S. v. Landrus
2011 ND 173 (North Dakota Supreme Court, 2011)
Wong v. State
2010 ND 219 (North Dakota Supreme Court, 2010)
Flemming v. Flemming
2010 ND 212 (North Dakota Supreme Court, 2010)