Palmer v. State

[¶ 11] I concur in the result reached by the majority opinion. I did not join Justice Sandstrom’s dissenting opinion in Palmer v. State, 2012 ND 98, 816 N.W.2d 807, concluding “Palmer’s filing for relief ... was legally deficient on its face.” Id. at ¶ 19. However, in this instance, had there been a substantive argument submitted on the merits of the petition for post-conviction relief, I would reverse. Rather than the trial court’s seemingly narrow view of what constitutes inadvertence or excusable neglect, under the circumstances outlined by the attorney for the Petitioner, I would conclude…