BEETER v. STATE (2018)

Supreme Court of North Dakota.

Robert Duane BEETER, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20180032

Decided: June 05, 2018

Laura C. Ringsak, Bismarck, N.D., for petitioner and appellant; submitted on brief. Ashlei A. Neufeld, Assistant State’s Attorney, Minot, N.D., for respondent and appellee; submitted on brief.

[¶ 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).

Per Curiam.

[¶ 2] Gerald W. VandeWalle, C.J. Jerod E. Tufte Daniel J. Crothers Lisa Fair McEvers Jon J. Jensen

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