Heyen v. State, 20000310.
| Court | United States State Supreme Court of North Dakota |
| Writing for the Court | MARING, Justice. |
| Citation | 2001 ND 126,630 N.W.2d 56 |
| Parties | Richard Ardell HEYEN, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee. |
| Docket Number | No. 20000310.,20000310. |
| Decision Date | 10 July 2001 |
630 N.W.2d 56
2001 ND 126
v.
STATE of North Dakota, Respondent and Appellee
No. 20000310.
Supreme Court of North Dakota.
July 10, 2001.
Rehearing Denied August 30, 2001.
Brett M. Shasky, Assistant State's Attorney, Cass County Courthouse, Fargo, for respondent and appellee.
MARING, Justice.
[¶ 1] Richard Ardell Heyen appeals from a judgment dismissing his second application for post-conviction relief dated November 7, 2000. He also appeals from an order denying his request that specific materials be prepared concerning his post-conviction relief proceedings and an order denying his request for post-conviction counsel. We affirm.
I
[¶ 2] On November 1, 1999, Heyen entered a guilty plea to charges of possession of a controlled substance, possession of a controlled substance with intent to deliver, and possession of drug paraphernalia. The trial court sentenced Heyen to serve concurrently two five-year terms of imprisonment and one seven-year term of imprisonment.
[¶ 3] On June 9, 2000, Heyen applied for post-conviction relief. In his application, Heyen asserted four grounds for relief, including denial of effective assistance of counsel; denial of his Fourth Amendment right against unreasonable search and seizure; right to post-conviction counsel; and that certain evidence would lead to the dismissal of charges against him. Heyen applied for post-conviction counsel on June 13, 2000, but due to his reported assets his request was denied. On August 3, 2000, the trial court summarily dismissed Heyen's application for relief. Judgment was entered August 10, 2000, and Heyen did not appeal the judgment.
[¶ 4] On September 15, 2000, Heyen filed an "amended application for post-conviction relief hearing," and the court entertained it as a second application for relief. Heyen once again applied for post-conviction counsel, and the trial court denied his request on October 2, 2000. Heyen asserted several claims for relief in his second post-conviction application, including those claims made in his first post-conviction application. On November 6, 2000, the trial court summarily dismissed Heyen's second application for relief stating "all the claims made by Petitioner in this current Petition for Post-[C]onviction Relief were fully and finally determined in the Court's Memorandum Opinion and Order, [filed August 3, 2000,] dismissing the Petitioner's first Petition for Post-[C]onviction Relief." Judgment was entered on November 7, 2000, and Heyen filed his Notice of Appeal on November 13, 2000.
[¶ 5] Heyen filed two additional motions on November 13, 2000. His first motion requested that specific transcripts, documents, and records be prepared with regard to his post-conviction relief proceedings, and his second motion again requested the assignment of post-conviction counsel. The trial court denied these motions on November 14, 2000, and Heyen filed his Notice of Appeal on November 20, 2000.1
II
[¶ 6] Under § 29-32.1-09(1), N.D.C.C., a trial court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Syvertson v. State, 2000 ND 185, ¶ 13, 620 N.W.2d 362. We review an appeal from a summary denial of post-conviction relief as we review an appeal from summary judgment. Abdi v. State, 2000 ND 64, ¶ 8, 608 N.W.2d 292. The party opposing the motion for summary disposition is entitled to all reasonable inferences at the preliminary stages of a post-conviction proceeding and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact. Clark v. State, 1999 ND 78, ¶ 5, 593 N.W.2d 329.
[¶ 7] The State's motion to dismiss Heyen's application asserted the affirmative defenses of res judicata and misuse of process under N.D.C.C. § 29-32.1-12(1) and (2). The trial court relied on the affirmative defense of res judicata in summarily dismissing Heyen's second application for relief. We conclude Heyen's claims for post-conviction relief are subject to both the affirmative defenses set forth in N.D.C.C. § 29-32.1-12(1) and (2).
[¶ 8] Heyen first argues he was denied certain constitutional rights. Specifically, he claims he was denied his Fourth Amendment right against unreasonable
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Sambursky v. State, 20050330.
...is entitled to judgment as a matter of law. N.D.C.C. § 29-32.1-09(1); Johnson v. State, 2006 ND 122, ¶ 19, 714 N.W.2d 832; Heyen v. State, 2001 ND 126, ¶ 6, 630 N.W.2d 56. We review an appeal from summary denial of post-conviction relief as we would review an appeal from a summary judgment.......
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Whiteman v. State, 20010224.
...proceeding and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact. Heyen v. State, 2001 ND 126, ¶ 6, 630 N.W.2d A [¶ 8] Whiteman argues he is entitled to an evidentiary hearing on his ineffective assistance of counsel claim based on the U......
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Klose v. State, 20070303.
...24] "The appointment of post-conviction counsel is not a matter of right, but rather a matter of trial court discretion." Heyen v. State, 2001 ND 126, ¶ 17, 630 N.W.2d 56. Klose was initially represented by counsel during post-conviction proceedings, but after the district court denied his ......
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Anderson v. Meyer Broadcasting Co., 20000322.
...an essential element of her claim, the trial court did not err in granting summary judgment dismissing her retaliatory discharge claim. 630 N.W.2d 56 [¶ 38] We have reviewed the remaining arguments raised by Anderson and find them to be without merit. We affirm the summary judgment dismissi......
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Sambursky v. State, 20050330.
...is entitled to judgment as a matter of law. N.D.C.C. § 29-32.1-09(1); Johnson v. State, 2006 ND 122, ¶ 19, 714 N.W.2d 832; Heyen v. State, 2001 ND 126, ¶ 6, 630 N.W.2d 56. We review an appeal from summary denial of post-conviction relief as we would review an appeal from a summary judgment.......
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Whiteman v. State, 20010224.
...proceeding and is entitled to an evidentiary hearing if a reasonable inference raises a genuine issue of material fact. Heyen v. State, 2001 ND 126, ¶ 6, 630 N.W.2d A [¶ 8] Whiteman argues he is entitled to an evidentiary hearing on his ineffective assistance of counsel claim based on the U......
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Klose v. State, 20070303.
...24] "The appointment of post-conviction counsel is not a matter of right, but rather a matter of trial court discretion." Heyen v. State, 2001 ND 126, ¶ 17, 630 N.W.2d 56. Klose was initially represented by counsel during post-conviction proceedings, but after the district court denied his ......
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Anderson v. Meyer Broadcasting Co., 20000322.
...an essential element of her claim, the trial court did not err in granting summary judgment dismissing her retaliatory discharge claim. 630 N.W.2d 56 [¶ 38] We have reviewed the remaining arguments raised by Anderson and find them to be without merit. We affirm the summary judgment dismissi......