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A man convicted of Class AA felony murder in North Central District in 2017 has lost an appeal to the North Dakota Supreme Court in which he asked for a reconsideration of his case.
Johnny Norwood had entered Alford pleas of guilty to murder and attempted murder in connection with the Nov. 29, 2015, shooting of Rodger Falana in a downtown alley, which led to Falana's death in a hospital. A female victim was shot twice. The Alford plea indicated Norwood disputed some facts but acknowledged he could be found guilty at trial due to substantial evidence.
Norwood appealed in August 2025, claiming ineffective assistance of counsel and newly discovered evidence. According to court records, he alleged he asked his trial counsel to conduct forensic testing of his jacket before his guilty pleas, but the testing never occurred. The state filed a motion for summary disposition, which the district court granted after concluding Norwood's appeal application as untimely.
Norwood appealed on the grounds his application was timely under the newly discovered evidence exception to the two-year limitation period for appeals. He claimed forensic testing of his jacket would constitute new evidence and prove his innocence. The court rejected Norwood's argument, noting he is claiming new evidence might exist but not that evidence does exist.