State v. Gustafson

PEDERSON, Justice.

These are separate appeals asking for review under § 29-32-09, NDCC (Uniform Post-Conviction Procedure Act), from orders denying post-conviction remedies. Orders are considered judgments (see § 29-32-07, NDCC); however, no specific findings of fact or conclusions of law were made. Gustafson and Nelson moved for “judgment upon brief of appellant and to vacate judgment of trial court” because of the failure of the state’s attorney to serve and file appellee’s brief within 30 days after service of the appellant’s brief, as required by Rule 31, NDRAppP. We decline to grant that…