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Abdi v. State

Docket No. 20200341
Oral Argument: Tuesday, May 11, 2021 10:45 AM

Docket Info

Title
Bashir Bare Abdi, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2020-CV-00546
Southwest Judicial District, Stark County
Rhonda Rae Ehlis
2021 ND 110961 N.W.2d 303
Oral Argument 5/11/2021

Highlight

An application for post-conviction relief alleging constitutionally ineffective assistance of counsel under Padilla v. Kentucky was properly denied where the applicant failed to meet his burden to show he pleaded guilty to an offense mandating his removal and he was advised he may be deported. An applicant who argues they did not knowingly, intelligently, or voluntarily, enter their plea alleging they received ineffective assistance of counsel cannot establish a manifest injustice will result if they cannot withdraw their plea where they did not establish they received ineffective assistance of counsel.

Briefs

Filing Date Description
03/08/2021 APPELLANT BRIEF View
04/06/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY James Allen Hope - 03669

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

Seq. # Filing Date Description Attachment
1 12/04/2020 NOTICE OF APPEAL : 12/04/2020
2 12/04/2020 ORDER FOR TRANSCRIPT : 12/04/2020
3 12/04/2020 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
4 12/04/2020 Notice Served on Kyle R. Craig and Tom M. Henning
5 12/09/2020 Notice of Assignment of Counsel by Kiara Kraus-Parr
6 12/24/2020 ELEC. RECORD ON APPEAL DATED DECEMBER 23, 2020 (ENTRY NOS. 1-25)
7 12/24/2020 ELEC. RECORD ON APPEAL DATED DECEMBER 23, 2020 (ENTRY NOS.1-33) (UNDERLYING CRIMINAL)
8 01/26/2021 ELECTRONIC TRANSCRIPT DATED NOVEMBER 2, 2020
9 01/26/2021 TRANSCRIPT C.O.S.
10 01/28/2021 AMENDED ELEC. RECORD ON APPEAL DATED JANUARY 28, 2021 (ENTRY NOS.1-10 & 12-34) (UNDERLYING CRIM)
11 03/08/2021 APPELLANT BRIEF View
12 03/08/2021 Oral Argument Request by Appellant
13 03/08/2021 APPELLANT APPENDIX
14 03/10/2021 Rec'd 5 copies of ATB and 4 copies of ATA back from CD
15 04/06/2021 APPELLEE BRIEF View
16 04/07/2021 Rec'd 5 copies of AEB back from CD
17 04/21/2021 NOTICE OF ORAL ARGUMENT SENT
18 05/11/2021 APPEARANCES: Kiara C. Kraus-Parr; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
19 05/11/2021 ARGUED: Kiara C. Kraus-Parr; Appellee waived under N.D.R.App.P. 34(a)(1)(c)
20 05/11/2021 ORAL ARGUMENT WEBCAST
21 06/24/2021 DISPOSITION
22 06/24/2021 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
23 06/24/2021 Judgment
24 07/16/2021 MANDATE