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Antoine Marquis MURRAY, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

PER CURIAM.

Scott O. Diamond, Fargo, N.D., for petitioner and appellant; submitted on brief.

Stephanie L. Pretzer, State's Attorney, Bowman, N.D., for respondent and appellee; submitted on brief.

Opinion

PER CURIAM.

[¶ 1] Antoine Murray appeals from a district court order denying him post-conviction relief. Murray claims he is entitled to post-conviction relief because he received ineffective assistance of counsel. He argues the district court erred in summarily dismissing his application for post-conviction relief, because his verified petition was sufficient to overcome the State's motion for summary disposition and the district court erred by failing to hold an evidentiary hearing. We summarily affirm under N.D.R.App.P. 35.1(a)(6) and (7). See Ennis v. Berg, 509 N.W.2d 33, 37 (N.D.1993) (while a verified complaint may count as competent evidence, a petitioner cannot rely solely on the complaint's conclusory statements if they do not create any issues of material fact); Dunn v. State, 2006 ND 26, ¶ 12, 709 N.W.2d 1 (if a petitioner fails to raise a genuine issue of material fact, summary disposition will be appropriate).

[¶ 2] GERALD W. VANDE WALLE, C.J., DALE V. SANDSTROM, DANIEL J. CROTHERS, LISA FAIR MCEVERS, AND CAROL RONNING KAPSNER, JJ., concur.

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Murray v. State
(Dec 1, 2015)