EVERETT v. STATE (2026)

[¶1] Russell Everett appeals from a judgment entered after an order summarily dismissing his third application for postconviction relief, which alleged ineffective assistance of trial counsel. The district court concluded the application was untimely and his claim had been previously adjudicated. Everett admits his application was untimely, but argues that on his first application for postconviction relief, the court lacked jurisdiction and improperly denied him an evidentiary hearing. The court denied Everett's first application, which also alleged ineffective assistance of trial counsel, in 2018 and no appeal was taken from that order. “A party may not collaterally attack a final decision, that was not appealed, in subsequent proceedings.” In re T.H., 2012 ND 38, ¶ 20, 812 N.W.2d 373. Under the Uniform Postconviction Procedure Act, no exception to the two-year filing deadline “exists for claims challenging the district court's jurisdiction.” Lyons v. State, 2024 ND 19, ¶ 11, 2 N.W.3d 679. Because Everett's third application was untimely, and no exception was alleged, the court did not err in dismissing the application. We summarily affirm under N.D.R.App.P. 35.1(a)(7).

Per Curiam.

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