December 18, 2014
David L. Thorson, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.
Robert Wade Martin, North Dakota Public Defenders' Office, Minot, ND, for petitioner and appellant; submitted on brief.
Brian David Grosinger, Assistant State's Attorney, Mandan, ND, for respondent and appellee; submitted on brief.
Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom.
[¶1] David L. Thorson appeals from a district court order denying his application for postconviction relief. Thorson argues the district court erred in finding representation of his attorneys at trial and at his first postconviction relief proceeding, respectively, did not constitute ineffective assistance of counsel because counsel failed to call a witness at trial and, subsequently, counsel failed to argue the failure to do so at the first postconviction relief proceeding. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court's findings of facts are not clearly erroneous.
[¶2] Gerald W. VandeWalle, C.J., Daniel J. Crothers, Lisa Fair McEvers, Carol Ronning Kapsner, Dale V. Sandstrom