LAW.coLAW.co

GAEDE v. STATE (2022)

Supreme Court of North Dakota.2022-04-14No. No. 20210336

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

[¶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 Gaedes 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 Gaedes claim is outside the statute of limitations in denying Gaedes 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