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Edward Waslaski Jr v. State of North Dakota

IN THE SUPREME COURT STATE OF NORTH DAKOTA


November 27, 2012

EDWARD WASLASKI JR.,
PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.

The opinion of the court was delivered by: PerCuriam.

N.D. Supreme CourtWaslaski v. State,

2012 ND 232 This opinion is subject to petition for rehearing. [Go to Documents]

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AFFIRMED.

Per Curiam.

[¶1] Edward Waslaski, Jr., appealed from a trial court order summarily dismissing his application for post-conviction relief. On appeal, Waslaski argues he received ineffective assistance of counsel and the trial court failed to advise him of his rights under N.D.R.Crim.P. 11(b).

[¶2] 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 application for post-conviction relief if he fails to provide any competent evidence to raise a genuine issue of material fact).

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

20121127

© 1992-2012 VersusLaw Inc.



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