North Dakota v. Atkins

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Cody Atkins appealed a district court order denying his motion to withdraw his guilty plea and his motion for a new trial. In March 2015, Atkins pled guilty to gross sexual imposition. In June 2015, Atkins was sentenced to 20 years imprisonment with the North Dakota Department of Corrections, with five years suspended for a period of 10 years of supervised probation with credit for time served. Atkins argued the district court erred by: (1) classifying his motion to withdraw his guilty plea as a post-conviction relief proceeding, and (2) finding he was procedurally barred from raising his N.D.R.Crim.P. 11 claims under misuse of process and res judicata. Atkins also argued the district court abused its discretion by finding he did not meet the burden required to show the existence of newly discovered evidence in his motion for a new trial. Finding no reversible error, the North Dakota Supreme Court affirmed. View "North Dakota v. Atkins" on Justia Law