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Toure v. State

Docket No. 20200040
Oral Argument: Monday, September 21, 2020 2:45 PM

Docket Info

Title
Omar Toure, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2018-CV-00677
Northwest Judicial District, Williams County
Benjamen James Johnson
Oral Argument 9/21/2020

Parties' Statement of Issues

  • Appellant

    The District Court improperly dismissed Toure’s Application for Post-Conviction Relief after a hearing.

  • Appellee 1

    Toure was properly convicted without an interpreter


Summary

Omar Toure appeals the district court’s order denying his application for post-conviction relief.

In October 2016, a jury convicted Toure of committing two counts of terrorizing, class C felonies (53-2015-CR-769), one count of reckless endangerment, class C felonies (53-2015-CR-770), and kidnapping, a class B felony, and aggravated assault, a class C felony (53-2015-CR-771). Toure appealed and this Court summarily affirmed in an opinion issued November 16, 2017.

Toure applied for post-conviction relief in May 2018, arguing he received ineffective assistance of counsel for the following reasons: (1) his trial counsel failed to have an interpreter provided to him at trial; (2) trial counsel failed to move the court for a speedy trial; (3) trial counsel failed to move the court to suppress the interview of Toure that was used at trial; (4) trial counsel failed to present a cellphone belonging to Toure as exculpatory evidence at trial; (5) trial counsel failed to present information related to a juvenile court case in Ohio involving the victim and her children; and (6) appellate counsel was ineffective for not addressing the interpreter issue on direct appeal. An evidentiary hearing was held before the district court on November 21, 2019. In February 2020, the district court issued a final judgment denying Toure’s application for post-conviction relief.

On appeal, Toure argues the district court erred by denying his application because his trial counsel was ineffective for failing to move for or insist upon having an interpreter for him so that he could fully understand and participate in pretrial hearings and the trial. Toure claims his trial counsel did not file a motion to suppress the interview and confession that was obtained by law enforcement on the grounds that Toure did not know or understand his rights due to language barriers. Additionally, Toure maintains his trial counsel did not demand a speedy trial in the allowed time frame after the preliminary hearing, which would have caused the court to rule in his favor on the motion to dismiss for the delay in bringing him to trial. Further, Toure asserts his appellate counsel was ineffective for not arguing the lack of interpreter or language issue at oral argument and thus missed a key issue on appeal that would have caused a reversal of his conviction.


Briefs

Filing Date Description
05/11/2020 APPELLANT BRIEF View
06/16/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Steven Balaban - 05204
APPELLEE ASST. STATE'S ATTORNEY Nathan Kirke Madden - 06518

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

Seq. # Filing Date Description Attachment
1 02/11/2020 NOTICE OF APPEAL : 02/11/2020
2 02/11/2020 ORDER FOR TRANSCRIPT : 02/13/2020
3 02/12/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 02/12/2020 Notice served on Steven Balaban and Nathan K. Madden
5 02/26/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 25, 2020 (ENTRY NOS. 1-71)(NOT SENT 64)
6 02/26/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 25, 2020 (ENTRY NOS. 1-145)(NOT SENT: 57-59, 85-87, 91)
7 02/26/2020 (NOT SENT: 57-59, 85-87, 91)(UNDERLYING CRIMINAL 2015-CR-00769)
8 02/26/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 25, 2020 (ENTRY NOS. 1-141)
9 02/26/2020 (NOT SENT: 57-59, 85-87, 91)(UNDERLYING CRIMINAL 2015-CR-00770)
10 02/27/2020 ELEC. RECORD ON APPEAL DATED FEBRUARY 26, 2020 (ENTRY NOS. 1-159)
11 02/27/2020 (NOT SENT: 67-69, 94-96, 100)(UNDERLYING CRIMINAL 2015-CR-00771)
12 03/11/2020 AMENDED ELEC. RECORD ON APPEAL DATED MARCH 11, 2020 (ENTRY NOS. 1-9, 11-63, 65-72)(NOT SENT: 64)
13 03/11/2020 AMENDED ELEC. RECORD ON APPEAL DATED MARCH 11, 2020 (ENTRY NOS. 1-136, 138-160)
14 03/11/2020 (NOT SENT: 67-69, 94-96, 100)(UNDERLYING CRIMINAL 2015-CR-00771)
15 04/03/2020 ELECTRONIC TRANSCRIPT DATED NOVEMBER 21, 2019
16 04/03/2020 TRANSCRIPT C.O.S.
17 05/11/2020 APPELLANT BRIEF View
18 05/11/2020 APPELLANT APPENDIX
19 05/12/2020 Rec'd 5 copies of ATB & ATA from CSD
20 06/09/2020 Non-Compliant AEB rec'd; given until 6/18/20 to revise (length)
21 06/16/2020 APPELLEE BRIEF View
22 06/17/2020 ORAL ARGUMENT WAIVED - NO REQUESTS FOR ORAL ARGUMENT
23 06/18/2020 Rec'd 5 copies of AEB from Central Duplicating
24 07/07/2020 MOTION FOR ORAL ARGUMENT ON BEHALF OF APPELLANT
25 07/13/2020 ACTION BY CHIEF JUSTICE - Granted
26 07/07/2020 Supplemental Statement by Indigent Defendant View
27 07/07/2020 Paper Filed Document
28 08/13/2020 NOTICE OF ORAL ARGUMENT SENT
29 09/21/2020 APPEARANCES: Steven Balaban; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
30 09/21/2020 ARGUED: Steven Balaban; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
31 09/21/2020 ORAL ARGUMENT WEBCAST