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Carl Aubrey Harmon Iii v. State of North Dakota

IN THE SUPREME COURT STATE OF NORTH DAKOTA


May 3, 2012

CARL AUBREY HARMON III,
PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA,
RESPONDENT AND APPELLEE

Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gary H. Lee, Judge. AFFIRMED.

Per curiam.

N.D. Supreme CourtHarmon v. State, 2012 ND 83

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

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Per Curiam.

[¶1] Carl Aubrey Harmon III appealed from a district court order summarily dismissing his petition for post-conviction relief. On appeal, Harmon argues he was entitled to a hearing and his right to due process was violated when the district court summarily dismissed his petition. We affirm under N.D.R.App.P. 35.1(a)(6) and (7); see Ude v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (stating a petitioner is not entitled to an evidentiary hearing on his petition for post-conviction relief if he fails to provide any competent evidence to raise an issue of material fact).

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

20120503

© 1992-2012 VersusLaw Inc.



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