Murphy v. State - Calendar

Oral Argument Waived Tuesday, June 17, 2008
20070375 John Patrick Murphy, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Appeal from: East Central Judicial District, Cass County, Judge Georgia Dawson
Nature of Action: Post-Conviction Relief
Counsel:

Appellant: Mark Anthony Beauchene
Appellee: Kara Schmitz Olson , Asst. State's Attorney

Issues: Appellant's Statement of the Issues:
Whether the District Court Abused its Discretion in Concluding that the Defendant's Plea Withdrawal was not Necessary to Correct a Manifest Injustice
Appellee's Statement of the Issues:
I.Whether the appeal from the order denying post-conviction relief is properly before the Court given that the issue raised by Defendant in this appeal to the Supreme Court is the Denial of the Motion to Withdraw Guilty Plea and it was not adequately raised before the district court during post-conviction relief.
II.Whether the district court properly exercised its discretion in denying Defendant's motion to withdraw his guilty plea.
Briefs:
Case Summary
Appellant Brief
Appellee Brief

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Generated from Supreme Court Docket on 07/23/2008