Johnson v. State

McEVERS, Justice.

[¶ 1] Robert L. Johnson appeals from a district court judgment summarily dismissing his application for post-conviction relief. We affirm the district court’s summary dismissal of Johnson’s post-conviction relief application as untimely.

I

[¶ 2] In 1999, Robert L. Johnson was charged with one count of simple assault and two counts of contact by bodily fluid or excrement. Johnson was tried and convicted of all three counts. Because of improper jury instructions, Johnson’s convictions were reversed and remanded in State v. Johnson, 2001 ND 184, 636 N.W.2d 391. On August 16, 2002,…