Vining v. Renton ( 2012 )


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  • Filed 5/3/12 by Clerk of Supreme Court

    IN THE SUPREME COURT

    STATE OF NORTH DAKOTA

      

      

      

    2012 ND 83

      

      

      

    Carl Aubrey Harmon III, Petitioner and Appellant

      

    v.

      

    State of North Dakota, Respondent and Appellee

      

      

      

    No. 20110343

      

      

      

    Appeal from the District Court of Williams County, Northwest Judicial District, the Honorable Gary H. Lee, Judge.

      

    AFFIRMED.

      

    Per Curiam.

      

    Carl A. Harmon III, self-represented, 2521 Circle Drive, Jamestown, ND 58401.  On brief.

      

    Nathan K. Madden, Assistant State’s Attorney, Williams County State’s Attorney Office, P.O. Box 2047, Williston, ND 58802.  On brief.

    Harmon v. State

    No. 20110343

      

    Per Curiam.

    [¶1] Carl Aubrey Harmon III appealed from a district court order summarily dismissing his petition for post-conviction relief.  On appeal, Harmon argues he was entitled to a hearing and his right to due process was violated when the district court summarily dismissed his petition.  We affirm under N.D.R.App.P. 35.1(a)(6) and (7); see Ude v. State , 2009 ND 71, ¶ 12, 764 N.W.2d 419 (stating a petitioner is not entitled to an evidentiary hearing on his  petition for post-conviction relief if he fails to provide any competent evidence to raise an issue of material fact).

    [¶2] Gerald W. VandeWalle, C.J.

    Carol Ronning Kapsner

    Mary Muehlen Maring

    Daniel J. Crothers

    Dale V. Sandstrom