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ODOM v. STATE (2018)

Supreme Court of North Dakota.

Charles Bradford ODOM, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20180089

Decided: July 11, 2018

Bobbi L. Weiler, Bismarck, ND, for petitioner and appellant; submitted on brief. Julie A. Lawyer, Assistant State’s Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.

[¶ 1] Charles Bradford Odom appealed from a district court order denying his application for post-conviction relief. On appeal, Odom argues the district court erred in denying his application because the recently amended N.D.C.C. § 19-03.1-23(1)(a)(2) is a change in substantive law that should be applied retrospectively in the interest of justice. We summarily affirm under N.D.R.App.P. 35.1(a)(7), see State v. Iverson, 2006 ND 193, ¶ 8, 721 N.W.2d 396 (holding a statute lessening punishment may not be applied retroactively to final convictions because it would constitute an invalid exercise by the Legislature of the executive pardoning power).

Per Curiam.

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

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ODOM v. STATE (2018)

Docket No: No. 20180089

Decided: July 11, 2018

Court: Supreme Court of North Dakota.

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