Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven E. McCullough, Judge.
Mark T. Blumer, Fargo, N.D., for petitioner and appellant; on brief.
Birch P. Burdick, State's Attorney, Fargo, 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.
[¶1] Dennis Gaede appeals from a district court order summarily dismissing his application for post-conviction relief on his conviction for the murder of Timothy Wicks. Gaede argues the district court erred in denying him post-conviction relief, because he presented newly discovered evidence which was material to the issues at trial and the weight and quality of the newly discovered evidence would likely result in an acquittal. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (3), concluding that after holding an evidentiary hearing, the district court denied Gaede's post-conviction relief application on the basis of findings of fact that are not clearly erroneous and the district court order is supported by substantial evidence.
Gerald W. VandeWalle, C.J., Dale V. Sandstrom, Daniel J. Crothers, Lisa Fair McEvers, Carol ...