State v. Ditter

NATURE OF CASE

David D. Ditter appeals from the district court’s dismissal without an evidentiary hearing of his second motion for post-conviction relief. We affirm.

SCOPE OF REVIEW

A defendant requesting postconviction relief must establish the basis for such relief, and the findings of the district court will not be disturbed unless they are clearly erroneous. State v. Dandridge, ante p. 364, 585 N.W.2d 433 (1998).

BACKGROUND

This is the third appearance of this case before this court. Ditter was charged with murder in the first degree for killing his wife. Ditter, pursuant to a plea agreement,…