Opinion
No. 20120159.
2012-10-23
Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge. Steven Balaban, Bismarck, N.D., for petitioner and appellant; submitted on brief. Sean B. Kasson, Assistant State's Attorney, Minot, N.D., for respondent and appellee; submitted on brief.
Appeal from the District Court of Ward County, Northwest Judicial District, the Honorable Douglas L. Mattson, Judge.
Steven Balaban, Bismarck, N.D., for petitioner and appellant; submitted on brief. Sean B. Kasson, Assistant State's Attorney, Minot, N.D., for respondent and appellee; submitted on brief.
PER CURIAM.
[¶ 1] Antonio Stridiron appealed from a trial court order summarily dismissing his application for post-conviction relief. On appeal, Stridiron argues he received ineffective assistance of counsel on five different bases: (1) counsel failed to file a motion to suppress; (2) counsel denied Stridiron his right to testify; (3) counsel failed to present Stridiron's version of the case; (4) counsel failed to object to the State's motion for joinder of the trials; and (5) counsel failed to raise Stridiron's Sixth Amendment right to a fair and impartial jury.
[¶ 2] 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 application for post-conviction relief if he fails to provide any competent evidence to raise a genuine issue of material fact).