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Joe R. Blurton v. State of North Dakota

IN THE SUPREME COURT STATE OF NORTH DAKOTA


December 2, 2010

JOE R. BLURTON, PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge. AFFIRMED.

The opinion of the court was delivered by: PerCuriam.

[¶1] Joe Blurton appeals from an order denying his application for post-conviction relief following a conviction for gross sexual imposition. See State v. Blurton, 2009 ND 144, 770 N.W.2d 231. On appeal, he alleges: (1) prosecutorial misconduct; (2) ineffective assistance of counsel; (3) legal and factual innocence; (4) procedural errors and denial of due process; and (5) failure of the prosecution to disclose material exculpatory evidence. We affirm under N.D.R.App.P. 35.1(a)(2) and (6).

[¶2] Gerald W. VandeWalle, C.J. Dale V. Sandstrom Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner

20101202

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