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Kamara v. State

Docket No. 20030180
Oral Argument: Monday, November 10, 2003 4:00pm

Docket Info

Title
Abdul Kamara, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 01-C-265
Northeast Judicial District, Ramsey County
Donovan John Foughty
2003 ND 179671 N.W.2d 811

Highlight

To establish ineffective assistance of counsel, a person must show counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him.
The standard of review for a claim of ineffective assistance of counsel is a mixed question of law and fact, but the trial court's findings of fact are subject to a clearly erroneous standard of review.
The credibility of witnesses is left to the trial court to determine.


Briefs

Filing Date Description
09/02/2003 APPELLANT BRIEF View
10/10/2003 APPELLEE BRIEF (subject to motion and approval by court) View

Counsel

Party Type Name
PETITIONER COURT APPOINTED Coral Joan Mahler - 04836
RESPONDENT STATE'S ATTORNEY Lonnie Olson - 04526

(Note: Attachments may not be available for recently filed cases and/or confidential documents.)

Seq. # Filing Date Description Attachment
1 06/24/2003 NOTICE OF APPEAL : 06/20/2003
2 06/24/2003 ORDER FOR TRANSCRIPT : 06/20/2003
3 07/18/2003 RECORD ON APPEAL
4 07/23/2003 TRANSCRIPT DATED May 13, 2003
5 07/24/2003 DISK - TRA of 5-13-03
6 08/18/2003 Supplemental Clerk's Certificate dated 8-15-03 (Entry No. 25)
7 08/26/2003 SUPPLEMENTAL CLERK'S CERTIFICATE DATED 8-25-03 (Entry Nos. 27-29, incl. Order Denying Request to
8 08/26/2003 Withdraw as Court Appointed Defense Attorney)
9 08/26/2003 Copy of Aff/Serv. and Order Denying Request to Withdraw as Court Appointed Defense Attorney
10 09/02/2003 APPELLANT BRIEF View
11 09/02/2003 APPELLANT APPENDIX
12 09/03/2003 DISK - ATB
13 09/03/2003 MOTION FOR Stipulation for Submission on Briefs
14 09/09/2003 Copies of certificate of service, notice of appeal and title pages received
15 10/10/2003 APPELLEE BRIEF (subject to motion and approval by court) View
16 10/13/2003 DISK - AEB
17 10/14/2003 ACTION BY CHIEF JUSTICE (AT/AE Stipulation for Submission on Briefs approved) - Granted
18 11/10/2003 APPEARANCES: submitted on briefs
19 11/10/2003 ARGUED: submitted on briefs (Vol. Y; Page 166)
20 12/02/2003 DISPOSITION
21 12/02/2003 UNANIMOUS OPINION : VandeWalle, Gerald W. View
22 12/05/2003 Judgment Mailed to Parties
23 12/24/2003 MANDATE
24 12/31/2010 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE
25 10/25/2010 EXPUNGED - Nonpermanent record items destroyed