Blackcloud v. State

2019 ND 148, 929 N.W.2d 539

• Court: North Dakota Supreme Court
• Decided: June 27, 2019
• Docket: 20190029
• Status: Published

Opinion

Per Curiam.

[¶1] Martin Blackcloud, also known as Martin Black Cloud, appeals from a district court order denying his application for post-conviction relief. Blackcloud's conviction for gross sexual imposition was affirmed in State v. Blackcloud , 2015 ND 108 , 865 N.W.2d 124 . On this appeal Blackcloud argues the district court erred in denying his application for post-conviction *540 relief. The application alleged newly discovered evidence exists which would impeach the trial testimony and show Blackcloud did not engage in the charged conduct. The district court conducted an evidentiary hearing and denied Blackcloud's application.

[¶2] The district court's findings of fact are not clearly erroneous, and evidence supports the district court's finding the evidence was not newly discovered and would not result in an acquittal. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

[¶3] Gerald W. VandeWalle, C.J.

Daniel J. Crothers

Jerod E. Tufte

Jon J. Jensen

Lisa Fair McEvers