Bell v. North Dakota

ORDER GRANTING STATE OF NORTH DAKOTA’S MOTION TO DISMISS AND DENYING PETITION FOR WRIT OF HABEAS CORPUS

DANIEL L. HOVLAND, Chief Judge.

I. BACKGROUND

In 1995, the petitioner, Kyle Bell, pled guilty in Cass County, North Dakota, District Court to two counts of gross sexual imposition and two counts of using a minor in a sexual performance, all class B felonies. See Docket No. 11, ex. 1. Bell attempted to withdraw his pleas of guilty but his request was denied by the state trial court. On November 30, 1995, the North Dakota Supreme Court affirmed the trial court’s refusal to allow Bell to withdraw…