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Tresenriter v. State

Supreme Court of North Dakota

April 22, 2015

Michael J. Tresenriter, 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 Wells County, Southeast Judicial District, the Honorable James D. Hovey, Judge.

AFFIRMED.

Scott O. Diamond, Fargo, ND, for petitioner and appellant.

Kathleen K. Murray, State's Attorney, Fessenden, ND, for respondent and appellee.

OPINION

PER CURIAM

[¶1] Michael J. Tresenriter appeals from a district court judgment dismissing his application for post-conviction relief. He argues the district court erred in summarily dismissing his application for post-conviction relief, without holding an evidentiary hearing, because he did not receive notice of the summary dismissal. While the State did not use the term " summary disposition" in its motion to dismiss, the brief in support of Tresenriter's application for post-conviction relief filed by his attorney in the district court specifically indicated " [t]he State is requesting that the court summarily dismiss. . . ." We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). See Delvo v. State, 2010 ND 78, ¶ 13, 782 N.W.2d 72 (holding an applicant was put on notice the State was putting her to her proof when the State requested summary disposition in its response to the post-conviction relief application).

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


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