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TEBAY v. STATE (2021)

Supreme Court of North Dakota.2021-03-24No. Nos. 20200316 & 20200317

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Opinion

[¶1] Nathan Tebay appeals from two district court orders summarily dismissing his applications for post-conviction relief. Tebay applied for post-conviction relief in two criminal cases, seeking to withdraw his guilty pleas, arguing his pleas were not made knowingly or voluntarily because he received ineffective assistance of counsel. The court granted the States motions to summarily dismiss, concluding Tebay had produced no competent admissible evidence to support his claims his guilty pleas were not voluntarily, knowingly or intelligently made, or that he received ineffective assistance of counsel. On appeal, Tebay argues the court erred by failing to hold an evidentiary hearing. [¶2] We conclude summary dismissal of Tebays application is supported by the record. We summarily affirm under N.D.R.App.P. 35.1(a)(6).

Per Curiam.

[¶3] Jon J. Jensen, C.J.

Gerald W. VandeWalle

Daniel J. Crothers

Lisa Fair McEvers

Jerod E. Tufte