Morris v. State

11 Citing cases

  1. Chase v. State

    2024 N.D. 215 (N.D. 2024)

    "A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if it is not supported by any evidence, or if, although there is some evidence to support the finding, a reviewing court is left with a definite and firm conviction a mistake has been made." Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195.

  2. Gaddie v. State

    2024 N.D. 170 (N.D. 2024)   Cited 1 times

    "'A finding of fact is clearly erroneous if it is induced by an erroneous view of the law, if it is not supported by any evidence, or if, although there is some evidence to support the finding, a reviewing court is left with a definite and firm conviction a mistake has been made.'" Id. (quoting Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195). The Court reviews questions of law de novo.

  3. Archambault v. State

    2024 N.D. 38 (N.D. 2024)   Cited 1 times

    finding, a reviewing court is left with a definite and firm conviction a mistake has been made. Koon, at ¶ 20 (quoting Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195 (citations omitted)).

  4. Koon v. State

    2023 N.D. 247 (N.D. 2023)   Cited 7 times

    Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195 (citations omitted).

  5. Isac v. State

    2023 N.D. 181 (N.D. 2023)   Cited 1 times

    An applicant for postconviction relief bears the burden of establishing grounds for relief. Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195. Questions of law are fully reviewable.

  6. Vogt v. State

    2022 N.D. 163 (N.D. 2022)   Cited 5 times

    [¶5] In post-conviction relief cases, the petitioner bears the burden of establishing grounds for relief. Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195.

  7. Bridges v. State

    2022 N.D. 147 (N.D. 2022)   Cited 11 times

    II [¶5] Postconviction relief proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure. Abdi v. State, 2021 ND 110, ¶ 8, 961 N.W.2d 303 (citing Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195). The applicant bears the burden of establishing grounds for postconviction relief.

  8. Friesz v. State

    2022 N.D. 22 (N.D. 2022)   Cited 1 times

    [¶7] "Post-conviction relief proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure." Isxaaq v. State, 2021 ND 148, ¶ 6, 963 N.W.2d 260 (citing Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195). A district court may summarily dismiss an application for post-conviction relief if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

  9. Isxaaq v. State

    2021 N.D. 148 (N.D. 2021)   Cited 7 times

    [¶6] Post-conviction relief proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure. Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195. The applicant bears the burden of establishing grounds for post-conviction relief.

  10. Abdi v. State

    2021 N.D. 110 (N.D. 2021)   Cited 10 times

    [¶8] Post-conviction relief proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure. Morris v. State, 2019 ND 166, ¶ 6, 930 N.W.2d 195. The applicant bears the burden of establishing grounds for post-conviction relief.