Kalmio v. State

Tufte, Justice.

[¶1] Omar Kalmio appeals after the district court entered a judgment on remand again denying his post-conviction relief application. We conclude the district court on remand did not clearly err in finding Kalmio failed to show he was prejudiced in his direct appeal when his appellate counsel did not brief the issue of the admissibility of prior bad acts testimony. We further conclude the court did not err in denying him an additional evidentiary hearing on remand. We affirm.

I

[¶2] This appeal follows our remand in Kalmio v. State , 2018 ND 182 , 915 N.W.2d 655 . The factual and…