Lange v. State

Lange v. State, 1997 ND 136, 575 N.W.2d 224

[Go to Documents]Filed July 17, 1997IN THE SUPREME COURTSTATE OF NORTH DAKOTA1997 ND 136Michael Lange, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Civil No. 970089

Appeal from the District Court for Oliver County, South Central Judicial District, the Honorable Benny A. Graff, Judge.
AFFIRMED.
Per Curiam.
Michael Lange (argued), pro se, P.O. Box 5521, Bismarck, ND 58506-5521, for petitioner and appellant.
John J. Mahoney (argued), State's Attorney, P.O. Box 355, Center, ND 58530, for respondent and appellee.

Lange v. State
Civil No. 970089

Per Curiam.

[¶1] Michael Lange appealed an order summarily denying his second application for post-conviction relief. He argued his acquittal of felonious restraint in Mercer County demonstrated his Oliver County conviction for gross sexual imposition was barred by collateral estoppel and double jeopardy. He argued repetition of evidence of Mercer County conduct in the Oliver County trial, without telling the jury he was acquitted in the Mercer County trial, was obvious error requiring reversal of his conviction. We decided the intertwined issues of collateral estoppel and double jeopardy in State v. Lange, 497 N.W.2d 83 (N.D. 1993), and we denied post-conviction relief in Lange v. State, 522 N.W.2d 179 (N.D. 1994). Therefore, we affirm under NDRAppP 35.1(a)(6) and (7). See NDCC 29-32.1-12 (1) and (2)(a).[¶2]Gerald W. VandeWalle, C.J.
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