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Comes v. State

Supreme Court of North Dakota

July 14, 2014

Marlon Leon Comes, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from the District Court of Ramsey County, Northeast Judicial District, the Honorable Donovan John Foughty, Judge.

Lee M. Grossman, Valley City, N.D., for petitioner and appellant; submitted on brief.

Lonnie Olson, State's Attorney, Devils Lake, 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] Marlon Leon Comes appeals from an order summarily dismissing his application for postconviction relief.

[¶2] In 1996, Comes pled guilty to murder and robbery, and in Comes v. State, 2000 ND 142, 618 N.W.2d 724, we affirmed the district court's denial of his first petition for postconviction relief. On April 25, 2013, Comes filed another petition for postconviction relief alleging: (1) he was denied effective assistance of counsel; (2) his guilty plea was " unlawfully induced or not made voluntarily," and (3) his conviction was " obtained by the unconstitutional failure of the prosecutor to disclose evidence favorable to the defendant." On January 21, 2014, the court granted summary disposition dismissing Comes' application, concluding claims (1) and (2) were barred by res judicata under N.D.C.C. § 29-32.1-12(1) and Comes failed to allege any facts to support claim (3) under N.D.C.C. § 29-32.1-09(3).

[¶3] We summarily affirm the order under N.D.R.App.P. 35.1(a)(6).

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


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