Opinion
No. 20130228.
2013-12-19
R.L. JOHNSON, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
[¶ 1] Robert Lee Johnson appeals a district court order granting the State's motion for summary judgment and dismissing Johnson's petition for post-conviction relief. Johnson argues the district court erred in summarily dismissing his application for post-conviction relief because he was entitled to an evidentiary hearing to develop a record to challenge his conviction. Johnson also asserts he was denied effective assistance of counsel. We affirm under N.D.R.App.P. 35.1(a)(7). See Delvo v. State, 2010 ND 78, ¶ 13, 782 N.W.2d 72 (affirming the district court's summary dismissal of Delvo's application for post-conviction relief when, after the State moved for summary judgment and Delvo was put to her burden of proof, she did not supplement her application); Dunn v. State, 2006 ND 26, ¶ 12, 709 N.W.2d 1 (affirming the district court's summary dismissal of Dunn's application for post-conviction relief when, after the State moved for summary judgment and Dunn was put to his burden of proof, he failed to respond appropriately).