Johnson v. State

Annotate this Case

Court Description: Order denying 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 2015 ND 290

James Duane Johnson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20150209

Appeal from the District Court of Ransom County, Southeast Judicial District, the Honorable Jerod E. Tufte, Judge.
AFFIRMED.
Per Curiam.
Lee M. Grossman, 341 Central Avenue North, Suite 3, P.O. Box 475, Valley City, N.D. 58072, for petitioner and appellant; on brief.
Fallon M. Kelly, State's Attorney, 316 Main Street, P.O. Box 391, Lisbon, N.D. 58054-0391, for respondent and appellee; on brief.

Johnson v. StateNo. 20150209

Per Curiam.

[¶1] James Johnson appeals from a district court order denying him post-conviction relief. Johnson claimed he was entitled to post-conviction relief because he received ineffective assistance of counsel. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding that, after holding an evidentiary hearing, the district court denied Johnson's post-conviction relief application on the basis of findings of fact that are not clearly erroneous.

[¶2] Gerald W. VandeWalle, C.J.
Dale V. Sandstrom
Daniel J. Crothers
Lisa Fair McEvers
Carol Ronning Kapsner

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