|1:30pm||Tuesday, March 20, 2012|
Dale J. Burke, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
|Appeal from:||East Central Judicial District, Cass County, Judge Steven L. Marquart, 09-2011-CV-01126|
|Nature of Action:||Post-Conviction Relief|
Appellant's Statement of the Issues:|
Whether the district court abused its discretion in denying Burke's motion for DNA testing.
Whether the district court abused its discretion in summarily dismissing Burke's application for post-conviction relief before affording him an opportunity to obtain the DNA testing he requested.
Appellee's Statement of the Issues:
I.Whether the district court acted within its discretion in denying Burke's motion for DNA testing because testing had already been done or because the testing had no potential to produce new, noncumulative evidence materially relevant to Burke's assertion of actual innocence.
II.Whether the district court appropriately summarily dismissed Burke's application for post-conviction relief because there was no genuine issue of material fact.
Generated from Supreme Court Docket on 03/31/2012