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SMESTAD v. STATE

No. 20110006.

801 N.W.2d 691 (2011)

2011 ND 163

Paul E. SMESTAD, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

August 18, 2011.

Attorney(s) appearing for the Case

David Duane Dusek , Grand Forks, N.D., for petitioner and appellant.

Pamela Ann Nesvig (on brief), Assistant State's Attorney, Bismarck, N.D., for respondent and appellee.

MARING, Justice.

[¶ 1] Paul Smestad appeals from an order denying his application for post-conviction relief. We conclude Smestad's claim that his signature on a document extending his probation was not his signature is barred by res judicata. We also conclude that because Smestad's claims are barred by res judicata, he cannot establish his post-conviction trial counsel was ineffective. We affirm.

I

[¶ 2] In December 2003, Smestad pled...

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