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Daniel S. Pelzl, Petitioner and Appellant v. State of North Dakota

May 3, 2012

DANIEL S. PELZL, PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE



Appeal from the District Court of Richland County, Southeast Judicial District, the Honorable Richard W. Grosz, Judge.

Per curiam.

N.D. Supreme Court

Pelzl v. State,

2012 ND 85

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

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AFFIRMED.

Per Curiam.

[¶1] Daniel Pelzl appeals from a district court judgment summarily dismissing his application for post-conviction relief. On appeal, Pelzl argues the district court erred by dismissing his application without holding an evidentiary hearing. Because Pelzl was put to his proof and did not meet his minimal burden of supporting his application with competent admissible evidence raising an issue of material fact, we summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). See, e.g., Ude v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (affirming the summary dismissal of a post-conviction application when the petitioner was put to his proof and failed to present any competent evidence raising an issue of material fact).

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

20120503

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