Johnson v. State

VANDE WALLE, Chief Justice.

[¶ 1] Robert Johnson appealed from the district court’s order summarily dismissing his application for post-conviction relief. Summary dismissal of the application for post-conviction relief was not appropriate because a district court cannot, on its own motion, dismiss an application on the basis of the affirmative defense of res judicata. We reverse and remand for further proceedings.

I

[¶ 2] In 2008, a jury convicted Johnson of two counts of contact by bodily fluids. The bifurcated trial consisted of a criminal act phase and a lack of criminal responsibility phase.…