BISMARCK, N.D. – The State is appealing a ruling to the North Dakota Supreme Court that overturned a murder conviction from several years ago.
The case involves Werner Kunkel. According to our partners at Valley News Live, District Court Judge Daniel Narum issued the ruling Feb. 27, granting his petition for post-conviction relief. Kunkel was convicted in 1995 of murdering Gilbert Fassett and sentenced to life in prison.
In documents filed with the North Dakota Supreme Court on Monday, two issues are being raised on appeal – if the District Court errantly determined that his post-conviction relief ‘was not barred by the statute of limitations’ and whether or not it ‘erred in vacating Petitioner’s murder conviction based upon alleged Brady violations.’
No hearings have been set in the court case.
