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BURKE v. STATE

No. 20110286.

820 N.W.2d 349 (2012)

2012 ND 169

Dale J. BURKE, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

August 16, 2012.

Attorney(s) appearing for the Case

Nicholas Dwight Thornton , Fargo Public Defender Office, South, Fargo, N.D., for petitioner and appellant.

Reid Alan Brady (appeared) and Mark Rainer Boening (on brief), Assistant State's Attorneys, and Katherine Naumann (argued), third-year law student, under the Rule on Limited Practice of Law by Law Students, Fargo, N.D., for respondent and appellee.

MARING, Justice.

[¶ 1] Dale Burke appeals from a judgment dismissing his application for post-conviction relief after the district court denied his motion for DNA testing. We hold the district court did not err in denying Burke's request for DNA testing under N.D.C.C. § 29-32.1-15 and the court did not err in summarily denying his post-conviction relief application. We affirm.

I

[¶ 2] In 1998, Burke was convicted of murdering Edmund...

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