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WHETSEL v. STATE

No. 20220351.

988 N.W.2d 562 (2023)

2023 ND 67

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

Supreme Court of North Dakota.

Rehearing Denied April 25, 2023.

Attorney(s) appearing for the Case

Benjamin C. Pulkrabek , Mandan, ND, for petitioner and appellant.

Fallon M. Kelly , State's Attorney, Lisbon, ND, for respondent and appellee.

[¶1] Byron Whetsel appeals from an order summarily dismissing his application for post-conviction relief before an evidentiary hearing was held. Whetsel applied for post-conviction relief on August 4, 2022, approximately five years after being convicted of criminal charges. He argues his sentences are unconstitutional pursuant to the Eighth...

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