May 3, 2012
CARL AUBREY HARMON III,
PETITIONER AND APPELLANT
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.
N.D. Supreme CourtHarmon v. State, 2012 ND 83
This opinion is subject to petition for rehearing. [Go to Documents]
[Download as WordPerfect]
[¶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
© 1992-2012 VersusLaw Inc.