January 12, 2012
CASEY JAKE MILLIRON, PETITIONER AND APPELLANT
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE
Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.
N.D. Supreme CourtMilliron v. State,
2012 ND 2
This opinion is subject to petition for rehearing. [Go to Documents]
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[¶1] Casey Jake Milliron appeals a district court judgment summarily denying his application for post-conviction relief and denying his request for appointed post-conviction counsel. In his application, Milliron argued he was denied effective assistance of counsel because his attorney allowed him to plead guilty to charges under an invalid interim final rule criminalizing synthetic marijuana. We affirm under N.D.R.App.P. 35.1(a)(1) because the final rule and not an interim final rule was in effect on the date the complaint alleged Milliron possessed synthetic marijuana. Because Milliron's grounds for relief are without merit, the district court did not abuse its discretion by denying Milliron's request for appointed post-conviction counsel. We affirm under N.D.R.App.P. 35.1(a)(4).
[¶2] Milliron also argues his case should be remanded for the clerk of district court to notify Milliron of the availability of post-conviction counsel. Although the clerk did not notify Milliron of the availability of counsel, Milliron filed a request for appointed counsel with the district court. We affirm under N.D.R.App.P. 35.1(a)(7) because Milliron had actual knowledge of the availability of post-conviction counsel. See Crumley v. State, 2000 ND 110, ¶¶ 5-7, 611 N.W.2d 165.
[¶3] Gerald W. VandeWalle, C.J. Daniel J. Crothers Mary Muehlen Maring Carol Ronning Kapsner Dale V. Sandstrom
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