ROGERS v. STATE (2022)

Supreme Court of North Dakota.

Mark Allen ROGERS, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee

No. 20210260

Decided: March 17, 2022

Kiara C. Kraus-Parr, Grand Forks, ND, for petitioner and appellant. Christopher W. Nelson, Assistant State's Attorney, Minot, ND, for respondent and appellee.

[¶1] Mark Allen Rogers appeals from a district court order denying his petition for postconviction relief. Rogers sought to withdraw his guilty plea, claiming his trial counsel was ineffective and there was an insufficient factual basis for his guilty plea. The court denied Rogers’ petition for postconviction relief. We conclude the district court did not clearly err in finding Rogers failed to meet his burden to prove ineffective assistance of counsel and in denying Rogers’ petition for postconviction relief. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

Per Curiam.

[¶2] Jon J. Jensen, C.J. Gerald W. VandeWalle Daniel J. Crothers Jerod E. Tufte Norman G. Anderson, S.J.[¶3] The Honorable Norman G. Anderson, S.J., sitting in place of McEvers, J., disqualified.

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