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Mitchell David Holbach v. State of North Dakota

IN THE SUPREME COURT STATE OF NORTH DAKOTA


September 15, 2011

MITCHELL DAVID HOLBACH,
PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA,
RESPONDENT AND APPELLEE

Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable John C. McClintock, Judge.

Per curiam.

N.D. Supreme Court

Holbach v. State, 2011 ND 181

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

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AFFIRMED.

[¶1] Mitchell Holbach appeals from district court orders denying his application for post-conviction relief under N.D.C.C. ch. 29-32.1. Holbach filed an application for post-conviction relief challenging the proceedings leading to his July 2006 guilty plea to a charge of stalking. See State v. Holbach, 2007 ND 114, ¶ 2, 735 N.W.2d 862. The court granted the State's request for summary disposition. Holbach argues the district court erred in summarily denying his application without holding a hearing because he presented evidentiary support for his claims that he received ineffective assistance of counsel, the State failed to disclose "potentially" exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963), he was denied the right to counsel during his probation revocation hearing, and he had obtained newly discovered evidence. Because Holbach failed to meet his burden of raising a genuine issue of material fact to support any of his claims, we affirm under N.D.R.App.P. 35.1(a)(6).

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

20110915

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