Kinsella v. State - No. 20130150
Billy Kinsella appeals from a district court judgment denying him post-conviction relief.
In 2010, a jury found Kinsella guilty of sexual assault. The Supreme Court affirmed the conviction in State v. Kinsella, 2011 ND 88, 796 N.W.2d 678. Kinsella subsequently filed a petition for post-conviction relief. After hearing, the district court denied the petition.
On appeal, Kinsella argues his trial attorney provided ineffective assistance of counsel for seven reasons: (1) failing to file a motion to suppress evidence; (2) failing to suppress statements allegedly taken in violation of Miranda v. Arizona; (3) appearing at a hearing without informing Kinsella; (4) failing to have the jury brought into the courtroom to have information requested by the jury given to it; (5) failing to advise Kinsella of his right to testify or not to testify; (6) failing to investigate allegedly exculpatory evidence; and (7) failing to investigate and prepare defense witnesses to testify.