Benson 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)(6).



IN THE SUPREME COURT STATE OF NORTH DAKOTA 2016 ND 22

Barry Benson, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

No. 20150232

Appeal from the District Court of Bottineau County, Northeast Judicial District, the Honorable Michael G. Sturdevant, Judge.
AFFIRMED.
Per Curiam.
Lee M. Grossman, P.O. Box 475, Valley City, ND 58072, for petitioner and appellant. Asmundur Swain Benson III (argued), State's Attorney, and Anthony Swain Benson (on brief), Assistant State's Attorney, 616 Main Street, Bottineau, ND 58318-1395, for respondent and appellee.

Benson v. StateNo. 20150232

Per Curiam.

[¶1] Barry Benson appealed a district court order summarily dismissing his application for post-conviction relief. Benson argues the district court erred in summarily dismissing his application because he received ineffective assistance of counsel due to his counsel's failure to object to certain witness testimony. We summarily affirm under N.D.R.App.P. 35.1(a)(6).

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

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