Eagleman v. State

[¶ 24] I respectfully dissent.

[¶ 25] The majority opinion’s statute of limitations analysis is contrary to the plain and unambiguous words of- the statute:

Except as provided in subsection 3, an application for relief under this chapter must be filed within two years of the date the conviction becomes final. A conviction becomes final for purposes of this chapter when:

a. The time for appeal of the conviction to the North Dakota supreme court expires;

b. If an appeal was taken to the North Dakota supreme court, the time for petitioning the United States supreme court for review expires; or

c. If…