N.D. Cent. Code § 29-32.1-09
29-32.1-09. Summary dismissal
29-32.1-09. Summary dismissal
1. The court, on its own motion, may enter a judgment denying a meritless application on
any and all issues raised in the application before any response by the state. The court
also may summarily deny a second or successive application for similar relief on
behalf of the same applicant and may summarily deny any application when the issues
raised in the application have previously been decided by the appellate court in the
same case.
2. The court, on its own motion, may dismiss any grounds of an application which allege
ineffective assistance of postconviction counsel. An applicant may not claim
constitutionally ineffective assistance of postconviction counsel in proceedings under
this chapter.