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Larry Allen Froistad, Jr v. Robyn Schmalenberger

IN THE SUPREME COURT STATE OF NORTH DAKOTA


April 4, 2013

LARRY ALLEN FROISTAD, JR.,
PLAINTIFF AND APPELLANT
v.
ROBYN SCHMALENBERGER, WARDEN, NORTH DAKOTA STATE PENITENTIARY, EDDY WILSON, WARDEN, WYOMING STATE PENITENTIARY,
DEFENDANTS AND APPELLEES

Appeal from the District Court of Bowman County, Southwest Judicial District, the Honorable Zane Anderson, Judge.

Per curiam.

N.D. Supreme CourtFroistad v. Schmalenberger,

2013 ND 42

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

[Download as WordPerfect]

AFFIRMED.

Per Curiam.

[¶1] Larry Froistad appeals a district court order summarily denying his petition for post-conviction relief without an evidentiary hearing. Froistad argues the State withheld exculpatory evidence and newly discovered evidence warrants a new trial. Froistad sought and was denied post-conviction relief after a full hearing. Denial of Froistad's requested relief was affirmed. Froistad v. State, 2002 ND 52, 641 N.W.2d 86. We affirm under N.D.R.App.P. 35.1(a)(7). Steen v. State, 2007 ND 123, ¶ 13, 736 N.W.2d 457 ("[M]isuse of process occurs when a post-conviction relief applicant 'presents a claim for relief which the applicant inexcusably failed to raise either in a proceeding leading to judgment of conviction and sentence or in a previous post-conviction proceeding.'") (quotation omitted).

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

20130404

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