Clark v. State
This text of 2017 ND 238 (Clark v. State) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
[¶ 1] Joshua Clark appeals from a district court’s judgment summarily dismissing his application for post-conviction relief. On appeal, Clark argues the district court erred by dismissing his application without holding an evidentiary hearing. Because Clark was put to his proof and did not meet his minimal burden of supporting his application with competent, admissible evidence raising an issue of material fact, we summarily affirm under N.D.R.App.P. 35.1(a)(7). See, e.g., Ude v. State, 2009 ND 71, ¶ 12, 764 N.W.2d 419 (affirming the summary dismissal of a post-conviction application when the petitioner was put to his proof and failed to present any competent evidence raising an issue of material fact).
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Cite This Page — Counsel Stack
2017 ND 238, 902 N.W.2d 924, 2017 WL 4639309, 2017 N.D. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clark-v-state-nd-2017.