Everett v. North Dakota

by
In 2007, Tilmer Everett was convicted by jury of gross sexual imposition. In August 2015, the district court barred Everett from future filings without the court's permission. Everett appealed a district court order denying his petition for post-conviction relief based on alleged newly discovered evidence. Everett argued the district court erred in denying his petition and denying his request for an evidentiary hearing. Because Everett was subject to an order prohibiting him from filing new or additional post-conviction relief claims, the North Dakota Supreme Court treated the district court's current order as denying Everett leave to file additional motions. The Court held orders denying leave to file were not appealable. Therefore, the Court dismissed Everett's appeal. View "Everett v. North Dakota" on Justia Law