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SWEARINGEN v. STATE

No. 20130063.

833 N.W.2d 532 (2013)

2013 ND 125

Matthew SWEARINGEN, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

July 18, 2013.

Attorney(s) appearing for the Case

Thomas J. Glass , Bismarck, N.D., for petitioner and appellant.

Lonnie Olson , State's Attorney, Devils Lake, N.D., for respondent and appellee.

SANDSTROM, Justice.

[¶ 1] Matthew Swearingen appeals from a district court order denying his application for post-conviction relief. Concluding the district court provided inadequate findings of fact and should have granted Swearingen's request for a transcript of the post-conviction evidentiary hearing, we reverse and remand.

I

[¶ 2] Swearingen was charged with and found guilty of gross sexual imposition. He appealed the judgment, arguing...

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