Bazile v. State

Summary

The North Dakota Supreme Court affirmed the district court’s denial of Mackenzy Bazile’s amended post‑conviction relief petition. The Court held that the newly decided cases of Smith, Massey, and Gaddie do not constitute material newly‑discovered evidence and that res judicata bars relitigation of the prosecutorial‑misconduct claim. It also rejected Bazile’s attempt to frame the issue as a distinct “Kummer violation” under the post‑conviction statute.