CODY v. STATE

No. 20160138.

889 N.W.2d 873 (2017)

2017 ND 29

Wesley Alan CODY, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

Filed February 16, 2017.


Attorney(s) appearing for the Case

Scott O. Diamond , 3523 45th St. S., Ste. 100, Fargo, ND 58104, for petitioner and appellant.

Brian D. Grosinger , Assistant State's Attorney, 210 Second Ave. N.W., Mandan, ND 58554, for respondent and appellee.


[¶ 1] Wesley Cody appeals from a district court's order denying his application for post-conviction relief. He argues the district court erred by not holding an evidentiary hearing before denying his application. We conclude the district court is not required to hold an evidentiary hearing unless requested by a party. Because...

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