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