Ayala v. State

¶1Filed 11/12/14 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72014 ND 204

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¶11Cassondra Ann Ayala, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20140140

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

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Thomas John Glass, 418 East Rosser Avenue, Suite 102, Bismarck, ND 58501, for petitioner and appellant; on brief.

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¶31Kelly Ann Dillon, Assistant State’s Attorney, Courthouse, P.O. Box 5005, Minot, ND 58702-5005, for respondent and appellee; on brief.

¶32Ayala v. State

¶33No. 20140140

¶34

¶35Per Curiam.

¶36[¶1] Cassondra Ann Ayala appeals a district court order granting the State’s motion for summary dismissal of Ayala’s application for postconviction relief.  Ayala argues the district court erred because she was entitled to an evidentiary hearing to challenge her conviction.  The State argues dismissal was proper because Ayala failed to respond with competent admissible evidence after the State made a motion for summary dismissal.  We affirm under N.D.R.App.P. 35.1(a)(7).   See Ude v. State , 2009 ND 71, ¶ 8, 764 N.W.2d 419 (explaining once petitioner is put on his proof, he must provide competent admissible evidence that raises an issue of material fact before he is entitled to an evidentiary hearing); Delvo v. State , 2010 ND 78, ¶ 13, 782 N.W.2d 72 (affirming the district court’s summary dismissal of Delvo’s application for postconviction relief because, 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, ¶¶ 11-12, 709 N.W.2d 1 (affirming the district court’s summary dismissal of Dunn’s application for postconviction relief because, after the State moved for summary dismissal and Dunn was put to his burden of proof, he failed to appropriately respond).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Daniel J. Crothers

¶39Lisa Fair McEvers

¶40Carol Ronning Kapsner

¶41Dale V. Sandstrom