Heyen v. State

[Go to Documents]Filed Mar. 20, 2008[Download as WordPerfect]IN THE SUPREME COURTSTATE OF NORTH DAKOTA2008 ND 45

Richard Ardell Heyen, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20070271

Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Douglas R. Herman, Judge.
AFFIRMED.
Per Curiam.
Richard A. Heyen (argued), pro se, P.O. Box 74, West Fargo, N.D. 58078, petitioner and appellant.
Gary E. Euren (argued) and Renata Olafson Selzer (on brief), Assistant State's Attorneys, Courthouse, P.O. Box 2806, Fargo, N.D. 58108-2806, for respondent and appellee.

Heyen v. State
No. 20070271

Per Curiam.

[¶1] Richard Heyen appeals from an order denying his application for post-conviction relief. Heyen was charged with, pled guilty to, and was convicted of two counts of possession of drug paraphernalia following a traffic stop during which a police officer found drug paraphernalia in Heyen's vehicle. Heyen applied for post-conviction relief, arguing he received ineffective assistance of counsel because his attorney did not move to suppress evidence found during the traffic stop. The district court determined Heyen was not entitled to post-conviction relief because a motion to suppress would not have succeeded. On appeal, Heyen argues the district court erred in its denial of his application for post-conviction relief.

[¶2] We affirm the district court's order denying Heyen's application for post-conviction relief under N.D.R.App.P. 35.1(a)(2), concluding the district court's denial of Heyen's application for post-conviction relief is based on findings of fact that are not clearly erroneous.

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