Owens v. State

¶1Filed 12/5/16 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

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¶72016 ND 221

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¶11Billy Owens, Petitioner and Appellant

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¶13v.

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¶15State of North Dakota, Respondent and Appellee

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¶19No. 20160214

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¶23Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable David W. Nelson, Judge.

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¶25AFFIRMED.

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¶27Per Curiam.

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¶29Monty G. Mertz, Fargo Public Defender Office, 912 Third Ave. S., Fargo, ND 58103-1707, for petitioner and appellant; on brief.

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¶31Nathan K. Madden, Williams County State’s Attorney Office, P.O. Box 2047, Williston, ND 58802; on brief.

¶32Owens v. State

¶33No. 20160214

¶34

¶35Per Curiam.

¶36[¶1] Billy Owens appeals from a judgment entered after a district court summarily dismissed his application for post-conviction relief.  Owens argues the district court erred in concluding his claims regarding the introduction of money transfers were barred by res judicata, it erred in concluding Owens’ ineffective assistance of counsel claims were barred by misuse of process and genuine issues of material facts exist.  We summarily affirm under N.D.R.App.P. 35.1(a)(6).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Daniel J. Crothers

¶39Carol Ronning Kapsner

¶40Lisa Fair McEvers

¶41Dale V. Sandstrom

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