Foster v. State

Foster v. State, 1997 ND 239, 575 N.W.2d 224

Filed Dec. 19, 1997
IN THE SUPREME COURT
STATE OF NORTH DAKOTA
1997 ND 239Mark Foster, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Civil No. 970284

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.
AFFIRMED.
Per Curiam.
Mark Foster, pro se.
Mark R. Boening, Assistant State's Attorney, Courthouse, P.O. Box 2806, Fargo, ND 58108-2806, for respondent and appellee.

Foster v. State
Civil No. 970284

Per Curiam.

[¶1] Mark Anthony Foster appealed from the Order of the Cass County District Court summarily dismissing his application for post-conviction relief. See N.D.C.C. § 29-32.1-09. Foster was convicted of Gross Sexual Imposition on December 20, 1994. He was sentenced to serve twenty years in prison. This is Foster's second application for post-conviction relief. State v. Foster, 1997 ND 8, 560 N.W.2d 194. Foster challenges the sufficiency of the evidence, credibility of witnesses and claims judicial bias. See State v. Johnson, 1997 ND 235, ¶¶12-13 (affirming the dismissal of defendant's repetitious application for post-conviction relief because it raised "simple variations" of previous arguments). The dismissal of Foster's application is affirmed. N.D.R.App.P. 35.1(a)(6), (7).[¶2]Gerald W. VandeWalle, C.J.
Herbert L. Meschke
Mary Muehlen Maring
William A. Neumann
Dale V. Sandstrom