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CHISHOLM v. STATE

No. 20130406.

848 N.W.2d 703 (2014)

2014 ND 125

Rodney CHISHOLM, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

June 24, 2014.

Attorney(s) appearing for the Case

Nicholas D. Thornton (argued), Fargo, N.D. and Erin M. Conroy (on brief), Bottineau, N.D., for petitioner and appellant.

M. Jason McCarthy , Assistant State's Attorney, and Jared J. Wall (on brief), third-year law student, under the Rule on Limited Practice of Law by Law Students, Grand Forks, N.D., for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Rodney Chisholm appealed from a district court order dismissing his application for post-conviction relief. Chisholm argues the court erred in summarily dismissing his application on its own motion without providing him with notice or an opportunity to be heard. He also claims the court erred in failing to rule on every issue raised in his application. We reverse and remand, concluding the court erred in summarily dismissing...

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