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Edward D. Waslaski, Jr v. State of North

IN THE SUPREME COURT STATE OF NORTH DAKOTA


May 14, 2013

EDWARD D. 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.

Per curiam.

N.D. Supreme CourtWaslaski v. State,

2013 ND 64

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

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AFFIRMED.

Per Curiam.

[¶1] Edward D. Waslaski, Jr., appeals a district court order summarily dismissing his petition for post-conviction relief without an evidentiary hearing. Waslaski argues he received ineffective assistance of counsel because his attorney failed to advise him of adverse consequences of his guilty plea and failed to investigate why a witness for the State did not testify. We affirm under N.D.R.App.P. 35.1(a)(6) and 35.1(a)(7). Murchison v. State, 2011 ND 126, ¶ 8, 799 N.W.2d 360 ("To establish a claim of ineffective assistance of counsel a defendant 'has a heavy burden of proving . . . the defendant was prejudiced by counsel's deficient performance.'") (quotation omitted); Smestad v. State, 2011 ND 163, ¶ 11, 801 N.W.2d 691 ("If it is easier to dispose of an ineffectiveness claim on the ground of lack of sufficient prejudice, which we expect will often be so, that course should be followed.") (quotation omitted).

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

20130514

© 1992-2013 VersusLaw Inc.



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