State v. Atkins

McEvers, Justice.

[¶1] Cody Michael Atkins appeals from a district court order denying his motion to withdraw his guilty plea and his motion for a new trial. Atkins argues the district court erred by (1) classifying his motion to withdraw his guilty plea as a postconviction relief proceeding, and (2) finding he was procedurally barred from raising his N.D.R.Crim.P. 11 claims under misuse of process and res judicata. Atkins also argues the district court abused its discretion by finding he did not meet the burden required to show the existence of newly discovered evidence in his motion for a…