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Robert Duane BEETER, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

North Dakota Supreme Court2018-06-05No. No. 20180032
911 N.W.2d 886

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Opinion

majority opinion

Per Curiam.

[¶ 1] Robert Beeter appeals from a district court judgment summarily dismissing his application for post-conviction relief. Beeter argues that the district court erred by concluding his application was barred by the statute of limitations. He contends the 2017 amendment to N.D.C.C. § 19-03.1-23(1)(a)(2) is a new interpretation of law and the district court should have retroactively applied it to his case. See N.D.C.C. § 29-32.1-01(3)(a)(3). We summarily affirm under N.D.R.App.P. 35.1(a)(7), concluding Beeters application was time-barred. See State v. Iverson , 2006 ND 193, ¶¶ 6-8, 721 N.W.2d 396 (denying retroactive application of statute that became effective after final conviction). [¶ 2] Gerald W. VandeWalle, C.J.

Jerod E. Tufte

Daniel J. Crothers

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Jon J. Jensen