Kovalevich v. North Dakota

Sean Kovalevich appealed district court orders summarily dismissing in part and denying the balance of his application for post-conviction relief. In 2013, a jury found Kovalevich guilty of two counts of gross sexual imposition and one count of corruption of a minor. Kovalevich engaged in sexual acts with a minor female at Canad Inns, a hotel in Grand Forks, North Dakota in February and August of 2012. Kovalevich appealed, and the North Dakota Supreme Court affirmed the criminal judgment. Kovalevich applied for post-conviction relief and moved for a new trial. These were denied by the district court, and the Supreme Court affirmed the district court. In April 2017, he again applied for post-conviction relief. At the evidentiary hearing, the district court summarily disposed of three of the issues, and proceeded only on the claim of newly discovered evidence. Kovalevich argued that a new receipt, which he received from Canad Inns after writing them several letters in April 2017, showed he stayed at Canad Inns in July 2012 ("July receipt") and qualified as newly discovered evidence. The district court disagreed that the evidence was newly discovered and denied Kovalevich post-conviction relief. The Supreme Court determined the July receipt was not inconsistent with the other evidence that the February trip, not the July trip, was when the first instances of sexual assault (the two AA felonies) occurred. Thus, even if the district court admitted the July receipt into evidence, an acquittal would not be likely. "Because we cannot say the weight and quality of this evidence would likely result in acquittal, the district court did not err in denying Kovalevich's application for post-conviction relief on the basis of newly discovered evidence." View "Kovalevich v. North Dakota" on Justia Law