Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Byron WHETSEL, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee
[¶1] Byron Whetsel appeals from an order dismissing his applications for post-conviction relief. In 2017, Whetsel was convicted of child abuse, child neglect, and murder. See State v. Whetsel, 2017 ND 237, 902 N.W.2d 924. In December 2017, Whetsel applied for post-conviction relief. The district court denied his application, which was affirmed on appeal. See Whetsel v. State, 2019 ND 237, 933 N.W.2d 466. In September 2020, Whetsel filed a second application for post-conviction relief. The district court denied his application, and the court's decision was reversed on appeal and remanded. See Whetsel v. State, 2021 ND 28, 955 N.W.2d 57. In December 2020, Whetsel filed a third application for post-conviction relief while the appeal was pending. The two cases were consolidated, and the State moved to dismiss. The district court granted the State's motion to dismiss, concluding the applications were brought outside the two-year statute of limitations under N.D.C.C. § 29-32.1-01(2) and none of the exceptions applied under N.D.C.C. § 29-32.1-01(3).
[¶2] On appeal, Whetsel argues the district court erred by denying his claim of ineffective assistance of post-conviction counsel. We conclude the district court did not err in determining Whetsel's applications are untimely and are barred by the statute of limitations. We summarily affirm under N.D.R.App.P. 35.1(a)(6).
Per Curiam.
[¶3] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Lisa Fair McEvers Jerod E. Tufte
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Docket No: Nos. 20210180, 20210181
Decided: February 18, 2022
Court: Supreme Court of North Dakota.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)