Waslaski v. State

¶1Filed 2/12/15 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72015 ND 30

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¶11Edward Waslaski, Jr., Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20140245

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¶23Appeal from the District Court of Pembina County, Northeast Judicial District, the Honorable M. Richard Geiger, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Rhiannon L. Gorham, P.O. Box 6306, Grand Forks, N.D. 58206-6306, for petitioner and appellant; on brief.

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¶31Stephenie L. Davis, McKenzie County Assistant State’s Attorney, 201 Fifth Street NW, Suite 550, Watford City, N.D. 58854, for respondent and appellee; on brief.

¶32Waslaski v. State

¶33No. 20140245

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¶35Per Curiam.

¶36[¶1] Edward Waslaski appeals from a district court order denying his application for post-conviction relief.  Waslaski claims he is entitled to post-conviction relief because his counsel represented his co-defendants and advised him to plead guilty to multiple charges to ensure a better outcome for the group of defendants rather than for his individual interests.  Waslaski previously sought post-conviction relief in Waslaski v. State , 2013 ND 56, 828 N.W.2d 787.  We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding that, following an evidentiary hearing, the district court did not err in dismissing on the grounds of misuse of process Waslaski’s application for post-conviction relief.

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Dale V. Sandstrom

¶39Daniel J. Crothers

¶40Lisa Fair McEvers

¶41Carol Ronning Kapsner

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