Klose v. State
North Dakota Supreme Court
1Opinion of the Court
KAPSNER, Justice.
[¶ 1] Timothy Klose appeals from a district court judgment dismissing his second application for post-conviction relief, arguing the district court committed reversible error by failing to grant an evidentiary hearing to address his claim of ineffective assistance of post-conviction counsel. We affirm, concluding Klose’s claims for post-conviction relief are barred by res judicata and misuse of process, and Klose failed to raise a genuine issue of material fact on his claim of ineffective assistance of post-conviction counsel.
I
[¶ 2] Klose was charged with burglary and with…
2Cases cited25 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Boykin v. AlabamaSupreme Court of the United States · 1969
- North Carolina v. AlfordSupreme Court of the United States · 1970
- United States v. Lawrence Victor Miller, A/K/A Larry MillerCourt of Appeals for the Ninth Circuit · 1979
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