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ND HB1087
Bill
Status
3/16/2023
Primary Sponsor
Judiciary
Click for details
AI Summary
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Amends North Dakota Century Code section 29-32.1-09 to allow courts to dismiss meritless applications, second or successive applications for similar relief, and applications where issues were previously decided by the appellate court before any state response is required.
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Permits courts to dismiss any grounds alleging ineffective assistance of postconviction counsel and prohibits applicants from claiming constitutionally ineffective assistance of postconviction counsel in proceedings under chapter 29-32.1.
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Allows either party to move for summary disposition if the application, pleadings, discovery, or record shows no genuine issues of material fact exist and the moving party is entitled to judgment as a matter of law.
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Authorizes courts to determine which issues of material fact are in controversy and restrict evidentiary hearings appropriately when necessary.
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Creates a new section in chapter 29-32.1 establishing summary disposition procedures with language identical to the amended section regarding summary disposition motions and evidentiary hearing restrictions.
Legislative Description
Summary disposition and dismissal.
Last Action
Filed with Secretary Of State 03/15
3/23/2023