Frisch v. State

SPECIAL TERM OPINION

JOHNSON, Judge.

This appeal is before a special term panel on Daniel Peter Frisch’s motion for a stay of his appeal and a remand to the district court so that he may file a postcon-viction petition. Because Frisch previously petitioned for postconviction relief, and now is appealing the denial of that petition, the remand he seeks is for the purpose of filing a second postconviction petition. We conclude that the rule on which he relies does not permit a stay of a postconviction appeal for the purpose of filing a second postconviction appeal, and we deny the motion.

Frisch…