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2012 ND 214

Stridiron v. State

North Dakota Supreme Court

Decided October 23, 2012

North Dakota Supreme Court · decided 2012-10-23

Relies on Klose v. State · State v. Corman · Everett v. State

Decided 2012-10-23

¶1Filed 10/23/12 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72012 ND 215

¶8

¶9

¶10

¶11Ryan R. Corman, Petitioner and Appellant

¶12

¶13v.

¶14

¶15State of North Dakota, Respondent and Appellee

¶16

¶17

¶18

¶19No. 20120307

¶20

¶21

¶22

¶23Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Joel D. Medd, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Benjamin C. Pulkrabek (on brief), 402 1st Street Northwest, Mandan, N.D. 58554-3118, for petitioner and appellant.

¶30

¶31Carmell F. Mattison (on brief), Assistant State’s Attorney, Erich M. Grant (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, P.O. Box 5607, Grand Forks, N.D. 58206-5607, for respondent and appellee.

¶32Corman v. State

¶33No. 20120307

¶34

¶35Per Curiam.

¶36[¶1] Ryan Corman appeals from a district court order summarily dismissing his application for post-conviction relief.  In 2008, Corman was convicted of contributing to the delinquency or deprivation of a minor, and this Court affirmed the conviction.  State v. Corman, 2009 ND 85, 765 N.W.2d 530.  Corman argues on appeal that the district court erred in summarily dismissing his application for post-conviction relief, contending an evidentiary hearing was necessary to develop the issues and complete the record.  We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7); seeEverett v. State, 2010 ND 4, ¶ 1, 789 N.W.2d 282 (citing Klose v. State, 2008 ND 143, ¶ 10, 752 N.W.2d 192 (explaining res judicata precludes claims or variations of claims raised in previous proceedings and misuse of process precludes claims that could have been raised in a prior post-conviction proceeding or other proceeding)).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Carol Ronning Kapsner

¶39Mary Muehlen Maring

¶40Daniel J. Crothers

¶41Dale V. Sandstrom

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