PLAISIMOND v. STATE (2024)

Supreme Court of North Dakota.

Michaelson PLAISIMOND, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20230252

Decided: January 22, 2024

Justin M. Balzer, Bismarck, ND, for petitioner and appellant; submitted on brief. Julie A. Lawyer, State's Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.

[¶1] Michaelson Plaisimond appeals from an order denying his second application for postconviction relief after the district court found his application to be a misuse of process. Under N.D.C.C. § 29-32.1-12(2)(a), a court may deny postconviction relief as a misuse of process when the applicant “[p]resents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous postconviction proceeding.” State v. Atkins, 2019 ND 145, ¶ 13, 928 N.W.2d 441. The court found the claims raised by Plaisimond in his second postconviction relief were discoverable to him prior to his first application and he inexcusably failed to raise the claims at that time. The court's dismissal of Plaisimond's application for misuse of process was not clearly erroneous. We summarily affirm under N.D.R.App.P. 35.1(a)(2), (4), and (7).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte Douglas A. Bahr

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