Holbach v. StateNos. 20100141 - 20100146

Per Curiam.

[¶1] Mitchell Holbach appeals from a district court order denying his application for post-conviction relief, an order on his request for return of personal property, and an order denying his motion to amend the judgment and probation conditions. Holbach argues the district court improperly denied his application for post-conviction relief because his counsel was ineffective and the State unconstitutionally failed to disclose exculpatory videotape evidence. He also contends the court abused its discretion by quashing his subpoenas for the post-conviction evidentiary hearing, the court erred by denying his motion to amend the criminal judgment and probation conditions because the conditions of his probation are unconstitutionally vague, and the court erred in finding his personal property had been returned. We conclude the court's findings of fact are not clearly erroneous and the court did not abuse its discretion by quashing Holbach's subpoenas or denying his motion to amend the judgment and probation conditions. We summarily affirm under N.D.R.App.P. 35.1(a)(2) and (4).

[¶2] Gerald W. VandeWalle, C.J.
Mary Muehlen Maring
Daniel J. Crothers
Dale V. Sandstrom
Carol Ronning Kapsner