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Munzal v. State

Docket No. 20200216
Oral Argument: Thursday, January 21, 2021 1:30 PM

Docket Info

Title
Youhana Hakim Munzal, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2019-CV-02550
East Central Judicial District, Cass County
Stephannie Nicole Stiel
Oral Argument 1/21/2021

Parties' Statement of Issues

  • Appellant

    Whether the district court erred by denying Mr. Munzal’s petition for post-conviction relief.


Summary

Youhana Hakim Munzal appeals from an order denying his application for post-conviction relief.

Munzal pled guilty to the charge of possession of a controlled substance-second offense. Munzal applied for post-conviction relief, arguing he was wrongly charged with a second offense for possessing a controlled substance and he received ineffective assistance of counsel because his attorney did not properly advise him of the immigration consequences of pleading guilty. The district court denied Munzal’s application.

On appeal, Munzal argues he received ineffective assistance of counsel and he should be allowed to withdraw his guilty plea because his attorney did not properly explain the immigration consequences of pleading guilty.


Briefs

Filing Date Description
10/30/2020 APPELLANT BRIEF View
11/30/2020 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Joshua James Traiser - 08047

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

Seq. # Filing Date Description Attachment
1 08/17/2020 NOTICE OF APPEAL : 08/17/2020
2 08/17/2020 ORDER FOR TRANSCRIPT : 08/19/2020
3 08/17/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 08/17/2020 Notice Served on Kiara C. Kraus-Parr and Joshua J. Traiser
5 09/15/2020 ELEC. RECORD ON APPEAL DATED SEPTEMBER 14, 2020 (ENTRY NOS. 1-35)
6 09/15/2020 ELEC. RECORD ON APPEAL DATED SEPTEMBER 14, 2020 (ENTRY NOS. 1-26) (UNDERLYING CRIMINAL RECORD)
7 09/22/2020 ELECTRONIC TRANSCRIPT DATED MAY 29, 2020
8 09/22/2020 TRANSCRIPT C.O.S.
9 10/30/2020 APPELLANT BRIEF View
10 10/30/2020 Oral Argument Request by Appellant
11 10/30/2020 APPELLANT APPENDIX
12 11/05/2020 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
13 11/30/2020 APPELLEE BRIEF View
14 11/30/2020 Oral Argument Request by Appellee
15 12/02/2020 Rec'd 5 copies of AEB back from CD
16 12/21/2020 NOTICE OF ORAL ARGUMENT SENT
17 01/21/2021 APPEARANCES: Kiara C. Kraus-Parr/Joshua J. Traiser
18 01/21/2021 ARGUED: Kiara C. Kraus-Parr/Joshua J. Traiser
19 01/21/2021 ORAL ARGUMENT WEBCAST