State v. Abdullahi

990243 State of North Dakota, Plaintiff and Appellee
v.
Abbas Shariff Abdullahi, Defendant and Appellant
Appeal from: District Court, East Central Judicial District, Cass County
Judge Michael O. McGuire
Nature of Action: Sexual Offense
Counsel:
Appellee: Adam Wade Hamm , Asst. State's Attorney
Appellant: Gjesdahl Law Office
Term: 01/2000   Argument: 01/25/2000  10:45am
ND cite: 2000 ND 39
NW cite: 607 N.W.2d 561

Issues: Appellant's Statement of the Issues:
I. The district court abused its discretion in finding that no manifest injustice existed, which necessitated withdrawal of the appellant's guilty plea because the appellant was not informed of the direct immigration and detention consequences of his plea, and was improperly informed of the maximum penalty possible, which rendered his plea unintelligently made
II. The district court erred in denying abbas' motion to withdraw his guilty plea because his conviction results in cruel and unusual punishment by subjecting Abbas to mandatory, indefinite detention

Appellee's Statement of the Issues:
I. Whether the District Court erred in denying Abdullahi's Motion to Withdraw Guilty Plea because allegedly he was not informed that he would be deported, and thus was allegedly subject to mandatory, indefinite detention by the Immigration and Naturalization Service.
II. Whether the District Court erred in denying Abdullahi's Motion to Withdraw Guilty Plea on the basis that it allegedly constituted cruel and unusual punishment.

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Docket entries:
108/03/1999 NOTICE OF APPEAL: 07/29/1999
208/03/1999 ORDER FOR TRANSCRIPT: 07/29/1999
308/24/1999 RETENTION OF RECORD ON APPEAL (Vicky Mattys-Secretary): 09/17/1999
409/17/1999 TRANSCRIPT DATED July 28, 1999
509/20/1999 DISK - TRA of 7-28-99
610/11/1999 RECORD ON APPEAL & Separates (15,29,30,31,32,33,38,39,40,41,&42) (Not recd: 12,14,17,19 & 37-Tapes)
710/25/1999 Clerk's Supp. Cert. of ROA dated 10/22/99 (entries 61-64)
810/26/1999 APPELLANT BRIEF
910/26/1999 Addendum to Appellant's Brief
1010/26/1999 APPELLANT APPENDIX
1111/05/1999 DISK - ATB
1211/24/1999 APPELLEE BRIEF
1311/26/1999 DISK - AEB
1412/02/1999 REPLY BRIEF
1512/02/1999 Addendum to Reply Brief
1612/03/1999 DISK - RYB
1701/25/2000 APPEARANCES: David J. Chapman; Adam W. Hamm
1801/25/2000 ARGUED: Chapman; Hamm (Vol. W; page 222)
1903/21/2000 DISPOSITION: AFFIRMED
2003/21/2000 UNANIMOUS OPINION: Kapsner, Carol Ronning
2103/23/2000 Order/Judgment Mailed to Parties
2204/12/2000 MANDATE
2304/14/2000 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
2401/24/2007 EXPUNGED - Nonpermanent record items destroyed

Generated from Supreme Court Docket on 01/07/2009