¶1Filed 12/18/14 by Clerk of Supreme Court
¶2IN THE SUPREME COURT
¶3STATE OF NORTH DAKOTA
¶11David L. Thorson, Petitioner and Appellant
¶13v.
¶15State of North Dakota, Respondent and Appellee
¶19No. 20140144
¶23Appeal from the District Court of Morton County, South Central Judicial District, the Honorable Sonna M. Anderson, Judge.
¶25AFFIRMED.
¶27Per Curiam.
¶29Robert Wade Martin, North Dakota Public Defenders’ Office, 11 1st Avenue SW, Minot, ND 58701, for petitioner and appellant; submitted on brief.
¶31Brian David Grosinger, Assistant State’s Attorney, 210 2nd Avenue NW, Mandan, ND 58554, for respondent and appellee; submitted on brief.
¶32Thorson v. State
¶33No. 20140144
¶35Per Curiam.
¶36[¶1] David L. Thorson appeals from a district court order denying his application for postconviction relief. Thorson argues the district court erred in finding representation of his attorneys at trial and at his first postconviction relief proceeding, respectively, did not constitute ineffective assistance of counsel because counsel failed to call a witness at trial and, subsequently, counsel failed to argue the failure to do so at the first postconviction relief proceeding. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court’s findings of facts are not clearly erroneous.
¶37[¶2] Gerald W. VandeWalle, C.J.
¶38Daniel J. Crothers
¶39Lisa Fair McEvers
¶40Carol Ronning Kapsner
¶41Dale V. Sandstrom