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OVERLIE v. STATE

No. 20110091.

804 N.W.2d 50 (2011)

2011 ND 191

Chadley Irvin OVERLIE, Petitioner and Appellant. v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

September 15, 2011.

Attorney(s) appearing for the Case

Mark T. Blumer , Fargo, ND, for petitioner and appellant; submitted on brief.

Dawn M. Deitz , Assistant State's Attorney, Bismarck, ND, for respondent and appellee; submitted on brief.

KAPSNER, Justice.

[¶ 1] Chadley Overlie appeals from a district court order dismissing his application for post-conviction relief. We conclude the court erred in summarily dismissing Overlie's application, and we reverse and remand for further proceedings.

I

[¶ 2] On September 14, 2009, Overlie pled guilty to one count of violation of a domestic violence protection order—second or subsequent offense. Under a binding plea agreement...

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