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Curtiss v. State

Supreme Court of North Dakota

July 1, 2015

Spencer Kerry Curtiss, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable David E. Reich, Judge.

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

Pamela Ann Nesvig, Assistant State's Attorney, Bismarck, 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] Spencer Curtiss appeals from a district court order denying his application for post-conviction relief on his conviction for gross sexual imposition. Curtiss claims he was entitled to post-conviction relief because he received ineffective assistance of counsel. He also argues that by allowing the introduction of testimony regarding his religious beliefs, the district court denied him his constitutional rights and prejudiced him throughout the trial proceedings. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding that after holding an evidentiary hearing, the district court denied Curtiss's post-conviction relief application on the basis of findings of fact that are not clearly erroneous.

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


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