Baatz v. State

CROTHERS, Justice.

[¶ 1] Nicholas Baatz appeals from an order denying his second application for postconviction relief. We reverse and remand for the district court to address the merits of Baatz’s claims of denial of the right to counsel and of ineffective assistance of trial counsel because, under the law of the case doctrine this Court’s decision in State v. Baatz, 2011 ND 195, ¶2, 806 N.W.2d 438, allowed him to raise these issues in a second postconviction proceeding.

I

[¶ 2] Baatz was convicted by a jury of gross sexual imposition in 2009 and was sentenced to 20 years in prison. In 2010…