from the District Court of Walsh County, Northeast Judicial
District, the Honorable Donovan John Foughty, Judge.
J. Grzeskowiak, Minto, N.D., petitioner and appellant; on
L. Whelan, State's Attorney, Grafton, N.D., for
respondent and appellee; submitted on brief.
Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale
V. Sandstrom, Gerald W. VandeWalle, C.J. VandeWalle, Chief
Justice, concurring specially.
Ronning Kapsner, Justice.
[¶1] Peter Grzeskowiak appeals from an order
summarily denying his application for post-conviction relief.
We conclude Grzeskowiak's appellate brief fails to comply
with the rules of appellate procedure, and we affirm the
[¶2] In 2013, Grzeskowiak was charged with
physical obstruction of a government function and two counts
of mistreating animals after investigation of a man being
attacked by dogs on a rural road near Grzeskowiak's farm.
In October 2013, Grzeskowiak, with court-appointed counsel,
pled guilty to one count of mistreating animals and the other
two charges against him were dismissed. We summarily affirmed
Grzeskowiak's appeal from the denial of his motion for an
extension of time to file an appeal from the criminal
judgment. State v. Grzeskowiak, 2014 ND 177, 859
[¶3] In 2015, Grzeskowiak filed a
self-represented application for post-conviction relief,
generally alleging he had been denied his natural right of
liberty and due process by fraud, sham proceedings, false
charges, wanton disregard for the truth in issuing a broad
warrant, denial of bail, false transcripts, and denial of the
right to counsel. Grzeskowiak's request for
court-appointed counsel was denied with a statement that he
failed to submit proof of his earning ability and that his
request for counsel would be reconsidered if he submitted
proof within five days.
[¶4] The district court thereafter summarily
denied Grzeskowiak's application for post-conviction
relief, stating it did not specify the criminal charge and
sentence from which relief was sought, did not set forth a
concise statement of each ground for relief, and did not
specify the relief requested. The court explained Grzeskowiak
failed to substantively state a claim for which relief could
be granted and his application was meritless on its face.
[¶5] Grzeskowiak's appellate brief lists
the following " ...