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CLARK v. STATE

No. 20080122.

758 N.W.2d 900 (2008)

2008 ND 234

Larry CLARK, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

December 18, 2008.

Attorney(s) appearing for the Case

Kent M. Morrow, Bismarck, N.D., for petitioner and appellant; submitted on brief.

Ladd Ronald Erickson, Washburn, N.D., for respondent and appellee; submitted on brief.

VANDE WALLE, Chief Justice.

[¶ 1] Larry Clark appealed from an order denying his application for post-conviction relief based on his claim of ineffective assistance of counsel. We affirm, concluding the district court did not err in failing to hold an evidentiary hearing on his application and did not err in holding Clark failed to demonstrate he received ineffective assistance from his trial attorney.

I

[¶ 2] In May 2003, a McLean County...

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