Benson v. State

¶1Filed 2/18/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72016 ND 22

¶8

¶9

¶10

¶11Barry Benson, Petitioner and Appellant

¶12

¶13v.

¶14

¶15State of North Dakota, Respondent and Appellee

¶16

¶17

¶18

¶19No. 20150232

¶20

¶21

¶22

¶23Appeal from the District Court of Bottineau County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Lee M. Grossman, P.O. Box 475, Valley City, ND 58072, for petitioner and appellant.

¶30

¶31Asmundur Swain Benson III (argued), State’s Attorney, and Anthony Swain Benson (on brief), Assistant State’s Attorney, 616 Main Street, Bottineau, ND 58318-

¶321395, for respondent and appellee.

¶33

¶34Benson v. State

¶35No. 20150232

¶36

¶37Per Curiam.

¶38[¶1] Barry Benson appealed a district court order summarily dismissing his application for post-conviction relief.  Benson argues the district court erred in summarily dismissing his application because he received ineffective assistance of counsel due to his counsel’s failure to object to certain witness testimony.  We summarily affirm under N.D.R.App.P. 35.1(a)(6).

¶39[¶2] Gerald W. VandeWalle, C.J.

¶40Dale V. Sandstrom

¶41Daniel J. Crothers

¶42Lisa Fair McEvers

¶43Carol Ronning Kapsner