Williamson v. State

Summary

The North Dakota Supreme Court affirmed the denial of Williamson’s second post‑conviction relief application, holding that the State’s res judicata defense was waived because it was not pleaded, but the claim was properly dismissed under the affirmed affirmative defense of misuse of process, and that statutory law bars ineffective‑assistance‑of‑post‑conviction‑counsel claims. The Court also held that N.D.C.C. § 29‑32.1‑09(2) prohibits such claims, rendering the statute’s plain language controlling.