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Ruddell v. State

Supreme Court of North Dakota

April 1, 2015

Byron Ruddell, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Editorial Note:

The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.

Appeal from the District Court of Stutsman County, Southeast Judicial District, the Honorable Thomas E. Merrick, Judge.

AFFIRMED.

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

Frederick R. Fremgen, Assistant State's Attorney, Jamestown, N.D., for respondent and appellee; on brief.

OPINION

Per Curiam.

[¶1] Byron Ruddell appeals from a district court order denying him post-conviction relief. He argues the district court, without holding an evidentiary hearing, erred in summarily dismissing his application for post-conviction relief, because the court did not give all reasonable inferences in regard to his claim of ineffective assistance of counsel. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). See Dunn v. State, 2006 ND 26, ¶ 12, 709 N.W.2d 1 (if a petitioner fails to raise a genuine issue of material fact, summary disposition will be appropriate).

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


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