WHEELER v. STATE

Nos. 20070163, 20070165.

750 N.W.2d 446 (2008)

2008 ND 109

LeRoy K. WHEELER, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

June 5, 2008.


Attorney(s) appearing for the Case

LeRoy K. Wheeler, Bismarck, N.D., pro se.

Mark Jason McCarthy, Assistant State's Attorney, Forks, N.D., for respondent and appellee.


KAPSNER, Justice.

[¶ 1] LeRoy Wheeler appeals from a district court judgment dismissing his application for post-conviction relief and subsequent order denying his petition for rehearing. On appeal, Wheeler argues the district court erred in denying him an evidentiary hearing because he raised a genuine issue of material fact about jury partiality by asserting a juror made an allegedly false statement during voir dire...

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