Abdi v. State
Ismail Mohamed Abdi, Petitioner and Appellant
State of North Dakota, Respondent and Appellee
East Central Judicial District,
Judge Cynthia Rothe-Seeger
|Nature of Action:||Post-Conviction Relief|
|Term:||01/2000  Argument: 01/25/2000|
|ND cite:||2000 ND 64|
608 N.W.2d 292
Appellant's Statement of the Issues:|
Is withdawal of Abdi's plea of guilty and vacation of conviction necessary to correct a manifest injustice because Abdi did not knowingly and intelligently waive his constitutional rights?
Did a manifest injustice result when Judge McGuire failed to inform Abdi of his right against self-compelled incrimination as required under Boykin v. Alabama?
Did Abdi knowingly and intelligently waive his constitutional rights when he did not understand the interpreter?
Was Abdi deprived of his Sixth Amendment Constitutional right to effective assistance of counsel?
Is detention without possibility of bail, and/or deportation, cruel and unusual punishment?
Appellee's Statement of the Issues:
I. Defendant knowingly and intelligently waived his constitutional rights.
II. Defendant's sixth amendment right was not violated because defendant's attorney reasonably represented him.
III. Whether detention without possibility of bail, and/or deportation, is cruel and unusual punishment has not been properly raised and is without merit.
|Add Docket 990239 RSS|
|1||08/02/1999 NOTICE OF APPEAL: 07/30/1999|
|2||08/02/1999 ORDER FOR TRANSCRIPT: 07/30/1999|
|3||09/17/1999 TRANSCRIPTS DATED 8-7-98, 8-27-98, 10-7-98, 11-9-98, & 7-16-99 (5 volumes)|
|4||09/20/1999 DISKS (2) - TRA|
|5||09/23/1999 RECORD ON APPEAL (except #9 - tape) and separate #3; Record in Cass Co. #Cr-98-02982 (w/exception|
|6||09/23/1999 of #9,10,&14 -tapes) and separates #18 (trans. dated 11-9-98) & #24 (trans. dated 8-7-98)|
|7||09/27/1999 Supplemental Clerk's Certificate dated 9-23-99 (Entry Nos. 20 & 21)|
|8||10/26/1999 APPELLANT BRIEF|
|9||10/26/1999 APPELLANT APPENDIX|
|10||10/28/1999 DISK - ATB|
|11||11/10/1999 Corrected Table of Authorities for ATB|
|12||11/12/1999 DISK - ATB (corrected)|
|13||11/17/1999 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning|
|14||11/29/1999 APPELLEE BRIEF|
|15||11/30/1999 DISK - AEB|
|16||12/03/1999 Corrected signature page for ATB|
|17||12/02/1999 Corrected page 14 of ATB - inserted|
|18||12/02/1999 DISK - ATB corrected|
|19||01/03/2000 SITTING WITH THE COURT: Hodny, William F.|
|20||01/25/2000 APPEARANCES: Monte L. Rogneby, Shane Perry; John Gross (3rd year law student), Birch Burdick|
|21||01/25/2000 ARGUED: Perry; Gross (Vol. W; page 222)|
|22||01/25/2000 Affidavit of Good Standing for Shane Perry|
|23||03/30/2000 DISPOSITION: AFFIRMED|
|24||03/30/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.|
|25||03/30/2000 Order/Judgment Mailed to Parties|
|27||05/04/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE|
|28||01/17/2007 EXPUNGED - Nonpermanent record items destroyed|