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Supreme Court of North Dakota.

Byron WHETSEL, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20190034

Decided: October 03, 2019

Darla J. Schuman, Grand Forks, N.D., for petitioner and appellant. Fallon M. Kelly, Lisbon, N.D., for respondent and appellee.

[¶1] Byron Whetsel appeals from a district court order denying his application for post-conviction relief. A jury found Whetsel guilty of murder and two counts of child abuse. Whetsel applied for post-conviction relief, alleging ineffective assistance of counsel. After an evidentiary hearing, the district court issued an order denying post-conviction relief. On appeal, Whetsel argues the district 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 are not clearly erroneous, and the court did not err in determining Whetsel received effective assistance of counsel.

Per Curiam.

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

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