Stridiron v. State

Filed 10/23/12 by Clerk of Supreme Court IN THE SUPREME COURT STATE OF NORTH DAKOTA 2012 ND 215 Ryan R. Corman, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee No. 20120307 Appeal from the District Court of Grand Forks County, Northeast Central Judicial District, the Honorable Joel D. Medd, Judge. AFFIRMED. Per Curiam. Benjamin C. Pulkrabek (on brief), 402 1st Street Northwest, Mandan, N.D. 58554-3118, for petitioner and appellant. Carmell F. Mattison (on brief), Assistant State’s Attorney, Erich M. Grant (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, P.O. Box 5607, Grand Forks, N.D. 58206-5607, for respondent and appellee. Corman v. State No. 20120307 Per Curiam. [¶1] Ryan Corman appeals from a district court order summarily dismissing his application for post-conviction relief. In 2008, Corman was convicted of contributing to the delinquency or deprivation of a minor, and this Court affirmed the conviction. State v. Corman , 2009 ND 85, 765 N.W.2d 530. Corman argues on appeal that the district court erred in summarily dismissing his application for post-conviction relief, contending an evidentiary hearing was necessary to develop the issues and complete the record. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7); see Everett v. State , 2010 ND 4, ¶ 1, 789 N.W.2d 282 (citing Klose v. State , 2008 ND 143, ¶ 10, 752 N.W.2d 192 (explaining res judicata precludes claims or variations of claims raised in previous proceedings and misuse of process precludes claims that could have been raised in a prior post-conviction proceeding or other proceeding)). [¶2] Gerald W. VandeWalle, C.J. Carol Ronning Kapsner Mary Muehlen Maring Daniel J. Crothers Dale V. Sandstrom