BLACKCLOUD v. STATE (2019)

Supreme Court of North Dakota.

Martin Thomas BLACKCLOUD a/k/a Martin Thomas Black Cloud, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20190029

Decided: June 27, 2019

Scott O. Diamond, Fargo, ND, for petitioner and appellant; submitted on brief. Julie A. Lawyer, Burleigh County State’s Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.

[¶1] Martin Blackcloud, also known as Martin Black Cloud, appeals from a district court order denying his application for post-conviction relief. Blackcloud’s conviction for gross sexual imposition was affirmed in State v. Blackcloud, 2015 ND 108, 865 N.W.2d 124. On this appeal Blackcloud argues the district court erred in denying his application for post-conviction relief. The application alleged newly discovered evidence exists which would impeach the trial testimony and show Blackcloud did not engage in the charged conduct. The district court conducted an evidentiary hearing and denied Blackcloud’s application.

[¶2] The district court’s findings of fact are not clearly erroneous, and evidence supports the district court’s finding the evidence was not newly discovered and would not result in an acquittal. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

[¶3] Gerald W. VandeWalle, C.J. Daniel J. Crothers Jerod E. Tufte Jon J. Jensen Lisa Fair McEvers

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