Greybear v. State

¶1Filed 12/18/14 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶5

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¶72014 ND 218

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¶11Lyndon Galen Greybear, Petitioner and Appellant

¶12

¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶18

¶19No. 20140137

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¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

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¶29Lee M. Grossman, 341 Central Avenue North, Suite 3, P.O. Box 475, Valley City, N.D. 58072, for petitioner and appellant; submitted on brief.

¶30

¶31Leah J. Viste, Assistant State’s Attorney, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for respondent and appellee; submitted on brief.

¶32Greybear v. State

¶33No. 20140137

¶34

¶35Per Curiam.

¶36[¶1] Lyndon Greybear appeals a district court judgment denying his application for post-conviction relief.  Greybear claims he is entitled to post-conviction relief because he received ineffective assistance of counsel and the State engaged in prosecutorial misconduct.  We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court did not err in dismissing Greybear’s application for post-

¶37conviction relief, after an evidentiary hearing.

¶38[¶2] Gerald W. VandeWalle, C.J.

¶39Dale V. Sandstrom

¶40Daniel J. Crothers

¶41Lisa Fair McEvers

¶42Carol Ronning Kapsner