Opinion
No. 20140144.
12-18-2014
David L. THORSON, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.
Robert Wade Martin, North Dakota Public Defenders' Office, Minot, ND, for petitioner and appellant; submitted on brief. Brian David Grosinger, Assistant State's Attorney, Mandan, ND, for respondent and appellee; submitted on brief.
Robert Wade Martin, North Dakota Public Defenders' Office, Minot, ND, for petitioner and appellant; submitted on brief.
Brian David Grosinger, Assistant State's Attorney, Mandan, ND, for respondent and appellee; submitted on brief.
Opinion
PER CURIAM.
[¶ 1] David L. Thorson appeals from a district court order denying his application for postconviction relief. Thorson argues the district court erred in finding representation of his attorneys at trial and at his first postconviction relief proceeding, respectively, did not constitute ineffective assistance of counsel because counsel failed to call a witness at trial and, subsequently, counsel failed to argue the failure to do so at the first postconviction relief proceeding. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court's findings of facts are not clearly erroneous.
[¶ 2] GERALD W. VANDE WALLE, C.J., DANIEL J. CROTHERS, LISA FAIR McEVERS, CAROL RONNING KAPSNER, and DALE V. SANDSTROM, JJ., concur.