Opinion
No. 20140413.
04-01-2015
Byron RUDDELL, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
Lee M. Grossman, Valley City, N.D. for petitioner and appellant; on brief. Frederick R. Fremgen, Assistant State's Attorney, Jamestown, N.D., for respondent and appellee; on brief.
Lee M. Grossman, Valley City, N.D. for petitioner and appellant; on brief.
Frederick R. Fremgen, Assistant State's Attorney, Jamestown, N.D., for respondent and appellee; on brief.
Opinion
PER CURIAM.
[¶ 1] Byron Ruddell appeals from a district court order denying him post-conviction relief. He argues the district court, without holding an evidentiary hearing, erred in summarily dismissing his application for post-conviction relief, because the court did not give all reasonable inferences in regard to his claim of ineffective assistance of counsel. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). See Dunn v. State, 2006 ND 26, ¶ 12, 709 N.W.2d 1 (if a petitioner fails to raise a genuine issue of material fact, summary disposition will be appropriate).
[¶ 2] GERALD W. VANDE WALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, LISA FAIR McEVERS, and CAROL RONNING KAPSNER, JJ., concur.