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Winarske v. State

Supreme Court of North Dakota

June 24, 2014

Adam Joseph Winarske, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from the District Court of Morton County, South Central Judicial District, the Honorable David E. Reich, Judge.

Erin M. Conroy (on brief), Bottineau, N.D., and Nicholas D. Thornton (on brief), Fargo, N.D., for petitioner and appellant.

Allen M. Koppy (on brief), Morton County State's Attorney, Mandan, N.D., for respondent and appellee.

Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner.

OPINION

Per Curiam.

[¶1] Adam Winarske appeals from a district court order denying his application for post-conviction relief. Winarske argues he received ineffective assistance of counsel because his attorney failed to object to the presentation of certain testimony and failed to cross-examine a witness. He also argues his counsel was ineffective because his attorney allegedly failed to appropriately research and calculate his credit for time served. The district court found there is no evidence in this case to support Winarske's claims of ineffective assistance of counsel. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶2] Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner.


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