Friesz v. North Dakota
Annotate this CaseRodney Friesz appealed a district court’s order summarily dismissing his application for post-conviction relief. Friesz was convicted of manslaughter and arson following a jury trial in February 2016. In 2017, Friesz appealed his convictions based on insufficiency of the evidence. The North Dakota Supreme Court affirmed his convictions. In May 2018, Friesz filed his first application for post-conviction relief. The application was denied and affirmed on appeal by the Supreme Court. In May 2020, Friesz filed a second application for post-conviction relief alleging: ineffective assistance of trial counsel; denial of effective assistance of counsel on his post-conviction appeal with appellate counsel; insufficiency of evidence to sustain a conviction; denial of his fourth amendment rights regarding the warrantless search of the residence, the seizure of a firearm, and the failure of the court to grant his motion to suppress; and failure to disclose DNA evidence by the prosecution. The district court dismissed the second application for post-conviction relief. In March 2021, the Supreme Court reversed the court’s denial and remanded the case to allow Friesz the 14 days to respond to the State’s motion for summary dismissal. On remand, Friesz was given additional time, well over 30 days, to respond. The district court again dismissed the second application for post-conviction relief, finding: Friesz’s application was filed well beyond the two-year statute of limitations, and neither his application nor his response to the State’s motion identified any competent evidence to support his allegation that the State failed to disclose DNA evidence. The court found the hearsay statement contained in his response was not competent evidence. Further, the court reasoned it could not determine that the newly discovered DNA evidence, when reviewed in light of the evidence as a whole, would establish that Friesz did not engage in the criminal conduct, “especially given the fact that the jury was presented with an interview in which [Friesz] confessed to the crimes.” Appealing the district court's second dismissal, Friesz argued the district court erred in summarily dismissing his application for post-conviction relief. Finding no reversible error in this second dismissal, the North Dakota Supreme Court affirmed the district court.
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