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Vetter v. State

Supreme Court of North Dakota

July 14, 2014

Alois Vetter, 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 Wickham Corwin, Judge.

Alois Vetter, self-represented, Bismarck, N.D., petitioner and appellant; submitted on brief.

Reid A. Brady and Cherie L. Clark, Assistant State's Attorneys, Fargo, N.D., for respondent and appellee; submitted on brief.

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

OPINION

Per Curiam.

[¶1] Alois Vetter appeals from a district court order denying his application for postconviction relief.

[¶2] Vetter was convicted of aggravated assault for driving his vehicle over Brian Hemphill, and his conviction was affirmed on appeal. State v. Vetter, 2013 ND 4, 826 N.W.2d 334. Vetter filed an application for postconviction relief. Following an evidentiary hearing, the district court denied the application for postconviction relief.

[¶3] Vetter appealed, arguing that reversal is mandated because the district judge did not read the entire transcript of the criminal trial before ruling on the postconviction application, that there was newly discovered evidence the alleged victim had committed perjury at the criminal trial and that Vetter received ineffective assistance of counsel when his trial attorney failed to seek a continuance to locate an eyewitness to corroborate Vetter's self-defense argument. We affirm the order denying the application for postconviction relief under N.D.R.App.P. 35.1(a)(2) and (4).

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


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