Burden v. State

VandeWalle, Chief Justice.

[¶1] James Burden appealed from orders summarily dismissing his application for post-conviction relief and denying his motion for relief from that dismissal. We conclude that the district court applied the wrong standard in dismissing Burden's application on the pleadings and that he was not given the required time to respond to a dismissal by summary judgment. We reverse and remand for further proceedings.

I

[¶2] In March 2017, Burden, with assistance of counsel, pled guilty to contributing to the deprivation of a minor and also admitted the allegations in a separate…