Mosbrucker v. StateNo. 20110219

Per Curiam.

[¶1] Jeff Mosbrucker appeals from a district court order denying his application for post-conviction relief. In October 2006, Mosbrucker was charged with gross sexual imposition. A jury trial held in March 2007 ended in a mistrial. A second trial was held in July 2007, and the jury found Mosbrucker guilty. Mosbrucker moved for a new trial, arguing the verdict was not supported by the greater weight of the evidence; the court denied his motion. Mosbrucker did not appeal the denial of his motion for a new trial but appealed only his conviction, which was affirmed. State v. Mosbrucker, 2008 ND 219, 758 N.W.2d 663. Mosbrucker then filed an application for post-conviction relief, citing ineffective assistance of trial counsel. After holding an evidentiary hearing, the district court denied Mosbrucker's application for post-conviction relief.

[¶2] On appeal, Mosbrucker argues the court's denial of his application for post-conviction relief should be reversed because his trial counsel did not: present him with a settlement offer until shortly before trial; obtain an independent mental evaluation of the alleged victim; seek to suppress a statement Mosbrucker made to law enforcement; or appeal from the court's denial of Mosbrucker's motion for a new trial. We summarily affirm under N.D.R.App.P. 35.1(a)(2).

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