The man convicted by a Cass County jury for urinating on a sheriff's deputy says a judge should declare a mistrial in the case.
Michael Paul Weaver, 40, of Moorhead filed a post-conviction application Wednesday in Cass County District Court.
The application is a civil court procedure convicts use after they exhaust criminal appeals.
In July 2000, Weaver was in custody at the Cass County jail when he urinated on a deputy. He was charged with contact by bodily fluid, a felony, and is serving a five-year prison term.
He claims North Dakota's bodily fluid law discriminates against inmates because it doesn't offer the same protections for inmates as it does for law enforcement officers.
ADVERTISEMENT
Weaver's application asks for a district judge to vacate his conviction, declare a mistrial and release him from prison.
His case was the first of its kind in Cass County to be decided in a jury trial under the law.
