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WHETSEL v. STATE

No. 20200262.

955 N.W.2d 57 (2021)

2021 ND 28

Byron WHETSEL, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

FILED February 18, 2021.

Attorney(s) appearing for the Case

Byron Whetsel, self-represented, Jamestown, ND, petitioner and appellant; submitted on brief.

Fallon M. Kelly , State's Attorney, Lisbon, ND, for respondent and appellee; submitted on brief.

[¶1] Byron Whetsel appeals from an order denying his petition for post-conviction relief. Because the district court summarily dismissed Whetsel's application subsequent to the State filing a response to the application without allowing Whetsel an opportunity to reply to the State's assertions, and in the absence of a...

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