Kraft v. State

Sandstrom, Justice.

[¶ 1] Keith Kraft appeals a district court judgment summarily dismissing his application for post-conviction relief. Concluding the district court did not err by dismissing without allowing him thirty days to respond to the State’s motion to dismiss, we affirm.

I

[¶ 2] In 2015, Kraft applied for post-conviction relief to vacate his 1983 drug delivery conviction. The State moved to dismiss, arguing his application was time-barred under N.D.C.C. § 29-32.1-01. Twenty-eight days after the State’s motion, and before Kraft responded, the district court dismissed. The court denied…