June 17, 2009
ROBERT LEE JOHNSON, PETITIONER AND APPELLANT
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE
Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.
[¶1] Robert Johnson appeals from the district court's judgment summarily dismissing his application for post-conviction relief. Johnson argues the district court erred in failing to hold an evidentiary hearing on his application for post-conviction relief because a genuine issue of material fact exists regarding whether his decision not to testify was informed and voluntary.
[¶2] The district court's judgment is affirmed under N.D.R.App.P. 35.1(a)(6).
[¶3] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom
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