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DAVIS v. STATE

No. 20120272.

827 N.W.2d 8 (2013)

2013 ND 34

Bradley A. DAVIS, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

February 26, 2013.

Attorney(s) appearing for the Case

Russell J. Myhre , Valley City, ND, for petitioner and appellant.

Sean B. Kasson , Assistant State's Attorney, Minot, ND, for respondent and appellee.

KAPSNER, Justice.

[¶ 1] Bradley Davis appeals from a district court order dismissing his motions for leave to depose witnesses and summarily dismissing his post-conviction relief application. Because Davis produced no competent evidence to support his motion to depose Angela Cook, and the evidence he seeks to obtain by deposing Graylan Bobo and Angela Cook would not likely result in an acquittal, it was not an abuse of discretion to deny his motions for leave...

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