Opinion
No. 20150026.
07-01-2015
Dennis James GAEDE, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
Mark T. Blumer, P.O. Box 7340, Fargo, N.D. 58106, for petitioner and appellant; on brief. Birch P. Burdick, State's Attorney, Cass County Courthouse, P.O. Box 2806, Fargo, N.D. 58108–2806, for respondent and appellee; on brief.
Mark T. Blumer, P.O. Box 7340, Fargo, N.D. 58106, for petitioner and appellant; on brief.
Birch P. Burdick, State's Attorney, Cass County Courthouse, P.O. Box 2806, Fargo, N.D. 58108–2806, for respondent and appellee; on brief.
Opinion
PER CURIAM.
[¶ 1] dismissing his application for post-conviction relief on his conviction for the murder of Timothy Wicks. Gaede argues the district court erred in denying him post-conviction relief, because he presented newly discovered evidence which was material to the issues at trial and the weight and quality of the newly discovered evidence would likely result in an acquittal. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (3), concluding that after holding an evidentiary hearing, the district court denied Gaede's post-conviction relief application on the basis of findings of fact that are not clearly erroneous and the district court order is supported by substantial evidence.
[¶ 2] GERALD W. VANDEWALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, LISA FAIR McEVERS, and CAROL RONNING KAPSNER, JJ., concur.