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Kyle Christopher WHITE, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee
[¶1] Kyle White appeals from a district court order denying his application for post-conviction relief. White was originally charged with two counts of failure to register as a sexual offender. White pleaded guilty to both charges against him. White was sentenced to a term of imprisonment, followed by a term of probation. After release from prison, White began probation. White’s probation was later revoked, and he was resentenced to a longer term of imprisonment. On January 3, 2018, White filed an application for post-conviction relief, alleging ineffective assistance of counsel. White alleged his attorney provided ineffective assistance by failing to adequately review discovery documents with him, by not providing him with these documents, and by failing to advise White the discovery did not include proof of a registration requirement. After an evidentiary hearing, the district court issued an order denying post-conviction relief. On appeal, White argues the court erred in denying his application for post-conviction relief.
[¶2] We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court’s findings of fact are not clearly erroneous, and the court did not err in determining White failed to establish his counsel’s representation fell below an objective standard of reasonableness.
Per Curiam.
[¶3] Gerald W. Vande Walle, C.J. Jon J. Jensen Lisa Fair McEvers Daniel J. Crothers Jerod E. Tufte
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Docket No: No. 20180307
Decided: March 13, 2019
Court: Supreme Court of North Dakota.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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