Chatman v. North Dakota

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Marcus Chatman appealed an order summarily dismissing his second application for post-conviction relief. Chatman was charged with possession of heroin with intent to deliver or manufacture, a class A felony; possession of cocaine, a class C felony; and possession of marijuana by a driver, a class A misdemeanor. Chatman argues the district court erred in denying his request for an evidentiary hearing on newly discovered evidence, abused its discretion in granting summary dismissal prior to ruling on outstanding motions, and erred in determining the anticipatory search warrant in the underlying case was legal. After review, the North Dakota Supreme Court affirmed the order summarily dismissing Chatman's application for post-conviction relief, finding Chatman did not provide competent, admissible, newly discovered evidence sufficient to grant an evidentiary hearing, did not show an abuse of discretion in the district court's order summarily dismissing his application before ruling on his discovery motions, and the legality of the anticipatory search warrant issued for his criminal conviction could not be challenged at this stage of post-conviction relief. View "Chatman v. North Dakota" on Justia Law