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

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network