State v. Freeman

¶1Filed 1/31/06 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶5

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¶72006 ND 9

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¶11Jimmie Lee Bates, Jr., Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20050321

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¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable John Charles Irby, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Monty G. Mertz, The Professional Building, 100 S. 4th St., Suite 412, Fargo, ND 58103, for petitioner and appellant.

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¶31Birch P. Burdick, State’s Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for respondent and appellee.

¶32Bates v. State

¶33No. 20050321

¶34

¶35Per Curiam.

¶36[¶1] Jimmie Bates, Jr. appeals from a judgment denying his application for post-

¶37conviction relief arguing he received ineffective assistance of counsel because his trial counsel was not adequately prepared for trial and committed errors during the trial.  The district court found Bates did not receive ineffective assistance of counsel.  We summarily affirm under N.D.R.App.P. 35.1(a)(2).

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Carol Ronning Kapsner

¶40Mary Muehlen Maring

¶41Daniel J. Crothers

¶42Dale V. Sandstrom

¶43