Ourada v. North Dakota

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Joshua Ourada appealed a district court order summarily dismissing his application for post-conviction relief. In June 2017, Ourada pleaded guilty to terrorizing and preventing arrest or discharge of other duties. Ourada was sentenced to three years of imprisonment following his guilty plea. In January 2018, Ourada filed an application for post-conviction relief, raising four issues: (1) an unlawful search; (2) exigent circumstances; (3) a challenge to the chain of custody regarding evidence; and (4) exaggerated charges. The State responded with an answer asserting Ourada waived the four issues stated in his application because all nonjurisdictional defects alleged to have occurred prior to a voluntary guilty plea are waived. The State's answer also included a request for summary disposition citing N.D.C.C. 29-32.1-09(3). Twelve days later, the district court summarily dismissed Ourada's application without a response from Ourada. Ourada asserts he was not provided with proper notice prior to summary dismissal of his application. Due process, even in the post-conviction setting, requires notice and an opportunity to be heard. The North Dakota Supreme Court concluded that because Ourada's application for post-conviction relief was summarily dismissed subsequent to the State's response and without proper notice, summary dismissal was not appropriate. The order dismissing the application for post-conviction relief was reversed and the matter remanded for further proceedings. View "Ourada v. North Dakota" on Justia Law