Johnson v. State

¶1Filed 12/19/13 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72013 ND 228

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¶11R. L. Johnson, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20130228

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¶23Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable John C. McClintock, Jr., Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Robert Nicholas Quick, 120 North 3rd Street, Suite 100, Bismarck, ND 58501, for petitioner and appellant; submitted on brief.

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¶31Brian David Grosinger, Assistant State’s Attorney, 210 2nd Avenue NW, Mandan, ND 58554, for respondent and appellee; submitted on brief.

¶32Johnson v. State

¶33No. 20130228

¶34

¶35Per Curiam.

¶36[¶1] Robert Lee Johnson appeals a district court order granting the State’s motion for summary judgment and dismissing Johnson’s petition for post-conviction relief.  Johnson argues the district court erred in summarily dismissing his application for post-conviction relief because he was entitled to an evidentiary hearing to develop a record to challenge his conviction.  Johnson also asserts he was denied effective assistance of counsel.  We affirm under N.D.R.App.P. 35.1(a)(7).   See Delvo v. State , 2010 ND 78, ¶ 13, 782 N.W.2d 72 (affirming the district court’s summary dismissal of Delvo’s application for post-conviction relief when, after the State moved for summary judgment and Delvo was put to her burden of proof, she did not supplement her application); Dunn v. State , 2006 ND 26, ¶ 12, 709 N.W.2d 1 (affirming the district court’s summary dismissal of Dunn’s application for post-conviction relief when, after the State moved for summary judgment and Dunn was put to his burden of proof, he failed to respond appropriately).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Carol Ronning Kapsner

¶39Mary Muehlen Maring

¶40Daniel J. Crothers

¶41Dale V. Sandstrom