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 1:30pm|
|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.
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|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)|
|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|
|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|
|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|