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OWENS v. STATE

Nos. 20000128, 20000129.

621 N.W.2d 566 (2001)

2001 ND 15

Earl L. OWENS, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

January 30, 2001.

Attorney(s) appearing for the Case

Earl L. Owens, pro se, North Dakota State Penitentiary, Bismarck, ND, petitioner and appellant.

Bruce A. Romanick, Assistant State's Attorney, Bismarck, ND, for respondent and appellee.

SANDSTROM, Justice.

[¶ 1] Earl L. Owens appeals from an order of the district court dismissing an application for post-conviction relief. Owens contends his attorney failed to appeal his conviction as he directed. We affirm, concluding the district court properly dismissed the post-conviction relief application because Owens inexcusably failed to raise the issue in a previous post-conviction proceeding.

I

[¶ 2] On April 10, 1996, Owens...

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