Clark v. State

2017 ND 238, 902 N.W.2d 924, 2017 WL 4639309, 2017 N.D. LEXIS 239

Opinion

Per Curiam.

[¶ 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).

[¶ 2] Gerald W. VandeWalle, C.J. Jerod E. Tufte Daniel J. Crothers Lisa Fair McEvers Jon J. Jensen