May 3, 2012
ART TIBOR, PETITIONER AND APPELLANT
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE
Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable William W. McLees, Judge.
N.D. Supreme Court
Tibor v. State,
2012 ND 84
This opinion is subject to petition for rehearing. [Go to Documents]
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[¶1] Art Tibor appealed from a district court order dismissing his application for post-conviction relief. In 2006, Tibor was convicted of gross sexual imposition, and this Court affirmed in State v. Tibor, 2007 ND 146, 738 N.W.2d 492. Tibor subsequently filed a motion for new trial, which the district court denied. This Court summarily affirmed in State v. Tibor, 2010 ND 71, 789 N.W.2d 731. On appeal, Tibor argues that the district court erred when it proceeded with a hearing on the State's motion to dismiss his post-conviction relief application without Tibor having an opportunity to be present and participate in the hearing and without having given notice.
[¶2] We affirm under N.D.R.App.P. 35.1(a)(4) and (6).
[¶3] Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring Daniel J. Crothers Dale V. Sandstrom
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