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DELVO v. STATE

No. 20090291.

782 N.W.2d 72 (2010)

2010 ND 78

Jessica DELVO, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

May 11, 2010.

Attorney(s) appearing for the Case

Robert N. Quick, Bismarck, ND, for petitioner and appellant. Submitted on brief.

Jacob T. Rodenbiker, Assistant State's Attorney, Bismarck, ND, for respondent and appellee. Submitted on brief.

VANDE WALLE, Chief Justice.

[¶ 1] Jessica Delvo appealed from the district court's order denying her application for post-conviction relief. We affirm. Summary dismissal of the application for post-conviction relief was appropriate because Delvo failed to supplement her application with affidavits or other evidence after being put on notice that the State requested summary disposition, and the State was entitled to judgment as a matter of law.

I.

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