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Derek Lynn Foreid v. State of North Dakota

IN THE SUPREME COURT STATE OF NORTH DAKOTA


February 8, 2011

DEREK LYNN FOREID,
PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge.

Per curiam.

N.D. Supreme CourtForeid v. State,

2011 ND 16

This opinion is subject to petition for rehearing. [Go to Documents]

[Download as WordPerfect]

AFFIRMED.

Per Curiam.

[¶1] Derek Foreid appeals from a trial court order summarily dismissing his application for post-conviction relief. On appeal, Foreid alleges prosecutorial misconduct and ineffective assistance of counsel, and asserts he was entitled to an evidentiary hearing. We affirm under N.D.R.App.P. 35.1(a)(6) and (7). See, e.g., Ude v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (affirming an order summarily dismissing an application for post-conviction relief because the petitioner failed to present any competent evidence raising an issue of material fact).

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

20110208

© 1992-2011 VersusLaw Inc.



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