State v. Curtis

¶1Filed 2/8/11 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72011 ND 16

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¶11Derek Lynn Foreid, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20100325

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¶23Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Mark T. Blumer, P.O. Box 475, Valley City, N.D. 58072, for petitioner and appellant; submitted on brief.

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¶31Rozanna C. Larson, State’s Attorney, P.O. Box 5005, Minot, N.D. 58702-5005, for respondent and appellee; submitted on brief.

¶32Foreid v. State

¶33No. 20100325

¶34

¶35Per Curiam.

¶36[¶1] Derek Foreid appeals from a trial court order summarily dismissing his application for post-conviction relief.  On appeal, Foreid alleges prosecutorial misconduct and ineffective assistance of counsel, and asserts he was entitled to an evidentiary hearing.  We affirm under N.D.R.App.P. 35.1(a)(6) and (7).  See, e.g., Ude v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (affirming an order summarily dismissing an application for post-conviction relief because the petitioner failed to present any competent evidence raising an issue of material fact).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Mary Muehlen Maring

¶39Daniel J. Crothers

¶40Carol Ronning Kapsner

¶41Dale V. Sandstrom

¶42