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Waslaski v. State

Supreme Court of North Dakota

February 12, 2015

Edward Waslaski, Jr., Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from the District Court of Pembina County, Northeast Judicial District, the Honorable M. Richard Geiger, Judge.

Rhiannon L. Gorham, Grand Forks, N.D., for petitioner and appellant; on brief.

Stephenie L. Davis, McKenzie County Assistant State's Attorney, Watford City, N.D., for respondent and appellee; on brief.

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

OPINION

Per Curiam.

[¶1] Edward Waslaski appeals from a district court order denying his application for post-conviction relief. Waslaski claims he is entitled to post-conviction relief because his counsel represented his co-defendants and advised him to plead guilty to multiple charges to ensure a better outcome for the group of defendants rather than for his individual interests. Waslaski previously sought post-conviction relief in Waslaski v. State, 2013 ND 56, 828 N.W.2d 787. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding that, following an evidentiary hearing, the district court did not err in dismissing on the grounds of misuse of process Waslaski's application for post-conviction relief.

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


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