GAEDE v. STATE (2022)

Supreme Court of North Dakota.

Dennis James GAEDE, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20210336

Decided: April 14, 2022

Laura C. Ringsak, Bismarck, ND, for petitioner and appellant; submitted on brief. Birch P. Burdick, State's Attorney, Fargo, ND, for respondent and appellee; submitted on brief.

[¶1] Dennis James Gaede appeals from an order denying his petition for postconviction relief. Gaede claims his 2018 diagnosis for post-traumatic stress disorder (“PTSD”) is newly discovered evidence. The district court found Gaede's PTSD diagnosis is not newly discovered evidence, and this claim was brought outside the statute of limitations provided in N.D.C.C. § 29-32.1-01(3)(b). We conclude the court did not clearly err in finding Gaede's claim is outside the statute of limitations in denying Gaede's petition for postconviction relief. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

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