Elk v. State

3 Citing cases

  1. Schweitzer v. State

    2024 N.D. 151 (N.D. 2024)

    "A trial court's findings of fact in a post-conviction proceeding will not be disturbed on appeal unless clearly erroneous under N.D.R.Civ.P. 52(a)." Black Elk v. State, 2023 ND 150, ¶ 5, 994 N.W.2d 394 (quoting Hunter v. State, 2020 ND 224, ¶ 11, 949 N.W.2d 841). A clearly erroneous finding exists if "it is induced by an erroneous view of the law, if it is not supported by any evidence, or if, although there is some evidence to support it, a reviewing court is left with a definite and firm conviction a mistake has been made."

  2. Jung v. State

    2024 N.D. 94 (N.D. 2024)   Cited 2 times

    Black Elk v. State, 2023 ND 150, ¶ 5, 994 N.W.2d 394 (quoting Hunter v. State, 2020 ND 224, ¶ 11, 949 N.W.2d 841).

  3. Juneau v. State

    2025 N.D. 13 (N.D. 2025)

    Jung v. State, 2024 ND 94, ¶ 6, 6 N.W.3d 853 (quoting Black Elk v. State, 2023 ND 150, ¶ 5, 994 N.W.2d 394).