Holbach v. City of Minot

MARING, Justice.

[¶ 1] Mitchell Holbach appeals from a municipal court judgment summarily dismissing his application for post-conviction relief. We conclude the judgment is not appealable but consider this appeal under our supervisory jurisdiction. We hold post-conviction relief under N.D.C.C. ch. 29-32.1 is not available in municipal courts in North Dakota. We conclude the judgment is void and direct the municipal court to dismiss Holbach’s application.

I

[¶ 2] On January 5, 2006, Holbach was stopped, arrested, and charged with driving under suspension and driving without liability insurance.…