Legal Opinion

Klose v. State

North Dakota Supreme Court

Decided July 21, 2008No. 20070303PublishedCited by 46 opinions

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

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Strickland v. WashingtonSupreme Court of the United States · 1984
  3. Boykin v. AlabamaSupreme Court of the United States · 1969
  4. North Carolina v. AlfordSupreme Court of the United States · 1970
  5. United States v. Lawrence Victor Miller, A/K/A Larry MillerCourt of Appeals for the Ninth Circuit · 1979

20 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. Ude v. StateNorth Dakota Supreme Court · 2009
  2. Everett v. StateNorth Dakota Supreme Court · 2008
  3. Coppage v. StateNorth Dakota Supreme Court · 2011
  4. Peterka v. StateNorth Dakota Supreme Court · 2015
  5. Wacht v. StateNorth Dakota Supreme Court · 2015

41 more not listed; retrieve them via the Exa API.

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