Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Holbach v. State

IN THE SUPREME COURT STATE OF NORTH DAKOTA


November 9, 2010

MITCHELL DAVID HOLBACH, PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE
STATE OF NORTH DAKOTA, PLAINTIFF AND APPELLEE
v.
MITCHELL DAVID HOLBACH, DEFENDANT AND APPELLANT
CITY OF MINOT, PLAINTIFF AND APPELLEE
v.
MITCHELL DAVID HOLBACH, DEFENDANT AND APPELLANT

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Lee A. Christofferson, Judge.

Per curiam.

AFFIRMED.

[¶1] Mitchell Holbach appeals from a district court order denying his application for post-conviction relief, an order on his request for return of personal property, and an order denying his motion to amend the judgment and probation conditions. Holbach argues the district court improperly denied his application for post-conviction relief because his counsel was ineffective and the State unconstitutionally failed to disclose exculpatory videotape evidence. He also contends the court abused its discretion by quashing his subpoenas for the post-conviction evidentiary hearing, the court erred by denying his motion to amend the criminal judgment and probation conditions because the conditions of his probation are unconstitutionally vague, and the court erred in finding his personal property had been returned. We conclude the court's findings of fact are not clearly erroneous and the court did not abuse its discretion by quashing Holbach's subpoenas or denying his motion to amend the judgment and probation conditions. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4).

[¶2] Gerald W. VandeWalle, C.J.

Mary Muehlen Maring

Daniel J. Crothers

Dale V. Sandstrom

Carol Ronning Kapsner

20101109

© 1992-2010 VersusLaw Inc.



Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.