Bridges v. State , 2022 ND 82 ( 2022 )


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  •                                                                                     FILED
    IN THE OFFICE OF THE
    CLERK OF SUPREME COURT
    APRIL 14, 2022
    STATE OF NORTH DAKOTA
    IN THE SUPREME COURT
    STATE OF NORTH DAKOTA
    
    2022 ND 82
    John Clark Bridges,                                 Petitioner and Appellant
    v.
    State of North Dakota,                              Respondent and Appellee
    Nos. 20210351 & 20210352
    Appeals from the District Court of Burleigh County, South Central Judicial
    District, the Honorable Bruce A. Romanick, Judge.
    AFFIRMED.
    Per Curiam.
    Kiara C. Kraus-Parr, Grand Forks, N.D., for petitioner and appellant;
    submitted on brief.
    Tessa M. Vaagen, Assistant State’s Attorney, Bismarck, N.D., for respondent
    and appellee; submitted on brief.
    Bridges v. State
    Nos. 20210351 & 20210352
    Per Curiam.
    [¶1] John Bridges appeals from district court orders summarily dismissing
    his applications for postconviction relief as untimely and for lack of a genuine
    issue of material fact. Bridges argues he was entitled to an evidentiary hearing
    because there were genuine issues of material fact regarding his claims of
    newly discovered evidence. We conclude that Bridges’ applications for
    postconviction relief were not filed within the two-year statute of limitations
    under N.D.C.C. § 29-32.1-01(2). We further conclude he has failed to raise a
    genuine issue of material fact of newly discovered evidence, which if proved
    and reviewed in light of the evidence as a whole, would establish that he did
    not engage in the criminal conduct for which he was convicted. See N.D.C.C.
    § 29-32.1-01(3)(a)(1); Johnson v. State, 
    2015 ND 7
    , ¶ 7, 
    858 N.W.2d 632
    .
    Accordingly, we summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7).
    [¶2] Jon J. Jensen, C.J.
    Gerald W. VandeWalle
    Daniel J. Crothers
    Lisa Fair McEvers
    Jerod E. Tufte
    1
    

Document Info

Docket Number: 20210351

Citation Numbers: 2022 ND 82

Judges: Per Curiam

Filed Date: 4/14/2022

Precedential Status: Precedential

Modified Date: 4/14/2022