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JOHNSON v. STATE

Nos. 20030256, 20030257.

681 N.W.2d 769 (2004)

2004 ND 130

Steven Lennard JOHNSON, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

June 30, 2004.

Attorney(s) appearing for the Case

Steven M. Light (appeared), and Jesse Lange (argued), third-year law student, Larivee & Light, Grand Forks, N.D., for petitioner and appellant.

Peter D. Welte (on brief), State's Attorney, Dale R. Rivard (appeared), Assistant State's Attorney, Heather L. Foss (argued), third-year law student, and Carmell Berry (appeared), third-year law student, Grand Forks, N.D., for respondent and appellee.

NEUMANN, Justice.

[¶ 1] Steven Lennard Johnson appealed from an order denying his application for post-conviction relief and an order denying his motion to amend that order under N.D.R.Civ.P. 52(b). We conclude the district court did not err in denying post-conviction relief because of res judicata, Johnson's misuse of process, and Johnson's failure to allege a valid claim of ineffective assistance of counsel as a matter of law. We affirm.

I

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