November 21, 2013
Benjamin NEWMAN, Petitioner and Appellant
STATE of North Dakota, Respondent and Appellee.
Rehearing Denied Dec. 19, 2013.
This decision appears in the reporter in a table titled 'Supreme Court of North Dakota Affirmances by Summary Opinion', published quarterly by rule. See N.D.R.App.P., Rule 35.1
Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.
Benjamin Newman, Bismarck, N.D., petitioner and appellant; submitted on brief.
Dawn M. Deitz, Assistant State's Attorney, Bismarck, N.D., for respondent and appellee; submitted on brief.
[¶ 1] Benjamin Newman appealed from a district court order denying his second post-conviction relief application. On appeal, Newman argues that the district court erred in summarily dismissing his application for post-conviction relief, raising issues of judicial misconduct, juror misconduct, ineffective assistance of counsel, denial of court access, prosecutorial misconduct, suppressed witnesses, and suppressed evidence. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7); see Newman v. State, 2009 ND 57, 767 N.W.2d 529; State v. Newman, 2007 ND 148, 738 N.W.2d 887; see also Klose v. State, 2008 ND 143, ¶ 10, 752 N.W.2d 192 (misuse of process precludes claims when the defendant inexcusably failed to pursue an issue on appeal and seeks review in a post-conviction relief application or failed to raise an issue in an initial post-conviction application and seeks review in a subsequent post-conviction application); Smestad v. State, 2011 ND 163, ¶ 6, 801 N.W.2d 691 (res judicata precludes post-conviction relief for claims or for variations of the same claims that have been fully and finally decided in a prior proceeding).
[¶ 2] GERALD W.
VANDE WALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, MARY MUEHLEN
MARING, and CAROL RONNING KAPSNER, JJ.