Lehman v. State

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Court Description: Order dismissing application for post-conviction relief is summarily affirmed under N.D.R.App.P. 35.1(a)(2).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2011 ND 225

Troy Lehman, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20110134

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Steven L. Marquart, Judge.
AFFIRMED.
Per Curiam.
Mark T. Blumer, P.O. Box 7340, Fargo, N.D. 58106, for petitioner and appellant.
Ryan J. Younggren, Assistant State's Attorney, P.O. Box 2806, Fargo, N.D. 58108-2806, respondent and appellee.

Lehman v. StateNo. 20110134

Per Curiam.

[¶1] Troy Lehman appeals from the trial court's order dismissing his application for post-conviction relief. On appeal, Lehman proffers four grounds he claims constitute ineffective assistance of counsel. He argues his trial counsel failed to call relevant witnesses, inadequately cross-examined the State's witnesses, forced him to waive his right to testify, improperly allowed the information to be amended, and improperly waived his right to an arraignment and a preliminary hearing regarding a terrorizing charge.

[¶2] We affirm under N.D.R.App.P. 35.1(a)(2).

[¶3] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner

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