Opinion
No. 20130260.
2014-02-13
Robert Earnest DELANEY, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
[¶ 1] Robert Delaney appeals from a district court order denying his application for post-conviction relief. Delaney argues the court erred in finding he was not denied effective assistance of counsel and in not ensuring he voluntarily and knowingly waived his constitutional right to testify. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (7), holding that the court's conclusion is based on findings of fact that are not clearly erroneous and that “the court does not have a duty to verify that the defendant who is not testifying has waived his or her right voluntarily” under State v. Mulske, 2007 ND 43, ¶ 11, 729 N.W.2d 129.