Greybull v. State

[Go to Documents]Filed Jan. 19, 2005[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2005 ND 1

Danielle Greybull, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20040254

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.
AFFIRMED.
Per Curiam.
Danielle Greybull (on brief), pro se, 1010 W. 6th Avenue, Shakopee, MN 55379, petitioner and appellant.
Cynthia M. Feland (on brief), Assistant State's Attorney, Courthouse, 514 E. Thayer, Bismarck, ND 58501-4413, for respondent and appellee.

Greybull v. State
No. 20040254

Per Curiam.

[¶1] Danielle Greybull appeals from the district court's dismissal of her petition for post-conviction relief. Greybull argues Blakely v. Washington, 124 S. Ct. 2531 (2004) supports her position that the holding in Apprendi v. New Jersey, 530 U.S. 466, 490 (2000) should be applied retroactively to her case. The district court dismissed her petition, finding this Court had already addressed this issue in Greybull v. State, 2004 ND 116, 680 N.W.2d 254.

[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(7).

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