Abdi v. State

990239 Ismail Mohamed Abdi, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal from: District Court, East Central Judicial District, Cass County
Judge Cynthia Rothe-Seeger
Nature of Action: Post-Conviction Relief
Counsel:
Appellant: Tami Lyn Norgard
Appellant: Lawyer not licensed in N.D.
Appellee: Birch Peterson Burdick , State's Attorney
Appellant: Vogel Law Firm
Term: 01/2000   Argument: 01/25/2000  1:30pm
ND cite: 2000 ND 64
NW cite: 608 N.W.2d 292


Issues: 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.

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Docket entries:
108/02/1999 NOTICE OF APPEAL: 07/30/1999
208/02/1999 ORDER FOR TRANSCRIPT: 07/30/1999
309/17/1999 TRANSCRIPTS DATED 8-7-98, 8-27-98, 10-7-98, 11-9-98, & 7-16-99 (5 volumes)
409/20/1999 DISKS (2) - TRA
509/23/1999 RECORD ON APPEAL (except #9 - tape) and separate #3; Record in Cass Co. #Cr-98-02982 (w/exception
609/23/1999 of #9,10,&14 -tapes) and separates #18 (trans. dated 11-9-98) & #24 (trans. dated 8-7-98)
709/27/1999 Supplemental Clerk's Certificate dated 9-23-99 (Entry Nos. 20 & 21)
810/26/1999 APPELLANT BRIEF
910/26/1999 APPELLANT APPENDIX
1010/28/1999 DISK - ATB
1111/10/1999 Corrected Table of Authorities for ATB
1211/12/1999 DISK - ATB (corrected)
1311/17/1999 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
1411/29/1999 APPELLEE BRIEF
1511/30/1999 DISK - AEB
1612/03/1999 Corrected signature page for ATB
1712/02/1999 Corrected page 14 of ATB - inserted
1812/02/1999 DISK - ATB corrected
1901/03/2000 SITTING WITH THE COURT: Hodny, William F.
2001/25/2000 APPEARANCES: Monte L. Rogneby, Shane Perry; John Gross (3rd year law student), Birch Burdick
2101/25/2000 ARGUED: Perry; Gross (Vol. W; page 222)
2201/25/2000 Affidavit of Good Standing for Shane Perry
2303/30/2000 DISPOSITION: AFFIRMED
2403/30/2000 UNANIMOUS OPINION: VandeWalle, Gerald W.
2503/30/2000 Order/Judgment Mailed to Parties
2604/27/2000 MANDATE
2705/04/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2801/17/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 12/19/2014