Whetsel v. State

Filed 10/03/19 by Clerk of Supreme Court
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
2019 ND 237
Byron Whetsel, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
No. 20190034
Appeal from the District Court of Ransom County, Southeast Judicial District,
the Honorable Jay A. Schmitz, Judge.
AFFIRMED.
Per Curiam.
Darla J. Schuman, Grand Forks, N.D., for petitioner and appellant.
Fallon M. Kelly, Lisbon, N.D., for respondent and appellee.
Whetsel v. State
No. 20190034
Per Curiam.
[¶1] Byron Whetsel appeals from a district court order denying his
application for post-conviction relief. A jury found Whetsel guilty of murder
and two counts of child abuse. Whetsel applied for post-conviction relief,
alleging ineffective assistance of counsel. After an evidentiary hearing, the
district court issued an order denying post-conviction relief. On appeal,
Whetsel argues the district court erred in denying his application for post-
conviction relief.
[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the
district court’s findings are not clearly erroneous, and the court did not err in
determining Whetsel received effective assistance of counsel.
[¶3] Gerald W. VandeWalle, C.J.
Jerod E. Tufte
Daniel J. Crothers
Lisa Fair McEvers
Jon J. Jensen
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