December 19, 2013
R.L. JOHNSON, Petitioner and Appellant
STATE of North Dakota, Respondent and Appellee.
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 John C. McClintock, Jr., Judge.
Robert Nicholas Quick, Bismarck, ND, for petitioner and appellant; submitted on brief.
Brian David Grosinger, Assistant State's Attorney, Mandan, ND, for respondent and appellee; submitted on brief.
[¶ 1] Robert Lee Johnson appeals a district court order granting the State's motion for summary judgment and dismissing Johnson's petition for post-conviction relief. Johnson argues the district court erred in summarily dismissing his application for post-conviction relief because he was entitled to an evidentiary hearing to develop a record to challenge his conviction. Johnson also asserts he was denied effective assistance of counsel. We affirm under N.D.R.App.P. 35.1(a)(7). See Delvo v. State, 2010 ND 78, ¶ 13, 782 N.W.2d 72 (affirming the district court's summary dismissal of Delvo's application for post-conviction relief when, after the State moved for summary judgment and Delvo was put to her burden of proof, she did not supplement her application); Dunn v. State, 2006 ND 26, ¶ 12, 709 N.W.2d 1 (affirming the district court's summary dismissal of Dunn's application for post-conviction relief when, after the State moved for summary judgment and Dunn was put to his burden of proof, he failed to respond appropriately).
[¶ 2] GERALD W. VANDE
WALLE, C.J., CAROL RONNING KAPSNER, MARY MUEHLEN MARING, DANIEL J. CROTHERS,
and DALE V. SANDSTROM, JJ., concur.