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Isxaaq v. State

Docket No. 20210066
Oral Argument: Tuesday, June 29, 2021 9:30 AM

Docket Info

Title
Yaasiin Aweis Isxaaq, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2020-CV-02062
East Central Judicial District, Cass County
Stephannie Nicole Stiel
2021 ND 148963 N.W.2d 260
Oral Argument 6/29/2021

Highlight

Whether an applicant for post-conviction relief adequately understands English without an interpreter is a finding of fact that will be affirmed on appeal if not clearly erroneous. An applicant cannot establish prejudice on an ineffective assistance of counsel claim alleging their attorney did not properly advise them on the immigration consequences of pleading guilty if the applicant offers only self-serving, subjective testimony that, with competent advice, they would have rejected a plea and proceeded to trial. An applicant must offer some evidence contemporaneous with the entry of the guilty plea to substantiate that the applicant would have gone to trial if he had known the deportation consequences of pleading guilty.

Briefs

Filing Date Description
04/26/2021 APPELLANT BRIEF View
05/25/2021 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Nicholas Steven Samuelson - 08841
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688

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

Seq. # Filing Date Description Attachment
1 02/26/2021 NOTICE OF APPEAL : 02/26/2021
2 02/26/2021 ORDER FOR TRANSCRIPT : 03/01/2021
3 02/26/2021 This case is consolidated w/ 20210067 & 20210068. Make all entries except ROA, DIS, & MAN in this
4 03/01/2021 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/01/2021 Notice Served on Kiara C. Kraus-Parr and Birch P. Burdick
6 03/16/2021 ELECTRONIC TRANSCRIPT DATED DECEMBER 4, 2020
7 03/16/2021 TRANSCRIPT CERTIFICATE OF SERVICE
8 03/22/2021 Rec'd redactions to 12/4/20 transcript, key & proof of svc
9 03/22/2021 ELECTRONIC TRANSCRIPT DATED DECEMBER 4, 2020 REDACTION KEY
10 03/22/2021 TRANSCRIPT CERTIFICATE OF SERVICE
11 03/29/2021 ELEC. RECORD ON APPEAL DATED MARCH 26, 2021(ENTRY NOS.1, 2, 4-40)(NO DOC - #3)
12 03/29/2021 ELEC. RECORD ON APPEAL DATED MARCH 29, 2021(ENTRY NOS. 1-14, 16-19)(NO DOC - #15)(UNDERLYING CRIM)
13 04/26/2021 APPELLANT BRIEF View
14 04/26/2021 Oral Argument Request by Appellant
15 04/26/2021 APPELLANT APPENDIX
16 04/29/2021 Rec'd 4 copies of ATB and ATA back from CD
17 05/18/2021 NOTICE OF ORAL ARGUMENT SENT
18 05/25/2021 APPELLEE BRIEF View
19 05/25/2021 Oral Argument Request by Appellee
20 06/01/2021 Rec'd non-substantive corrections to AEB
21 06/03/2021 Rec'd 4 copies of AEB back from CD
22 06/21/2021 Rec'd written consent of Nicholas S. Samuelson for Alexis Madlom, law student
23 06/29/2021 APPEARANCES: Kiara C. Kraus-Parr/Nicholas S. Samuelson & Alexis Madlom, 3rd Year Law Student
24 06/29/2021 ARGUED: Kiara C. Kraus-Parr/Alexis Madlom, 3rd Year Law Student
25 06/29/2021 ORAL ARGUMENT WEBCAST
26 08/05/2021 DISPOSITION
27 08/05/2021 UNANIMOUS OPINION : McEvers, Lisa K. Fair View
28 08/05/2021 Judgment View
29 08/09/2021 Corrected Opinion Page (title page - Appellant counsel name correction)
30 08/27/2021 MANDATE
31 10/13/2021 Corrected/Substitute Opinion Pages - In paragraph 11, the cite to Padilla, the space between U.S.
32 10/13/2021 was eliminated. In paragraph 29, in the second sentence the word “court” was added after the
33 10/13/2021 word “district”