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State v. Ismail

Docket No. 20220092
Oral Argument: Monday, September 26, 2022 11:00 AM

Docket Info

Title
State of North Dakota, Plaintiff and Appellee
v.
Zhiwar Ismail, Defendant and Appellant
Case Type
CRIMINAL APPEAL : DRUGS/CONTRABAND
Appeal From
Case No. 2021-CR-01830
East Central Judicial District, Cass County
Wade L. Webb
Oral Argument 9/26/2022

Parties' Statement of Issues

  • Appellant

    Whether the court erred by improperly questioning the witnesses.
    Whether defense counsel was ineffective at trial.
    Whether the weight and sufficiency of the evidence was sufficient to convict.

  • Appellee 1

    1.Whether the evidence was sufficient to uphold the court's verdicts.
    2.Whether defense counsel was ineffective at trial.
    3.Whether the court acted properly during the trial.


Summary

Zhiwar Ismail appeals from the district court’s judgment after the court found him guilty of delivering controlled substance to an individual who overdosed. Ismail also was convicted of possessing controlled substances.

Ismail argues the district court erred by improperly questioning witnesses, his defense counsel was ineffective, and the evidence was insufficient to find him guilty of the criminal charges.


Briefs

Filing Date Description
06/06/2022 APPELLANT BRIEF View
06/30/2022 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLANT COURT APPOINTED Elizabeth Brandt Brainard - 08144
APPELLEE ASST. STATE'S ATTORNEY Derek Kenneth Steiner - 08124

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

Seq. # Filing Date Description Attachment
1 03/22/2022 NOTICE OF APPEAL : 03/22/2022
2 03/22/2022 ORDER FOR TRANSCRIPT : 03/23/2022
3 03/23/2022 This case is consolidated w/ 20220093. Make all entries except ROA, DIS, & MAN in this case.
4 03/23/2022 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV.
5 03/23/2022 Notice served on Elizabeth B. Brainard & Derek K. Steiner
6 04/19/2022 ELEC. RECORD ON APPEAL DATED APRIL 18, 2022 (ENTRY NOS. 1-58)
7 04/27/2022 All Transcripts Filed in Record
8 06/06/2022 APPELLANT BRIEF View
9 06/06/2022 Oral Argument Request by Appellant
10 06/09/2022 Rec'd 3 copies of ATB from CSD
11 06/09/2022 Rec'd c.o.s. of ATB on indigent AT
12 06/30/2022 APPELLEE BRIEF View
13 06/30/2022 Consent of Derek Steiner for Tanner Langley, law student was received
14 06/30/2022 Oral Argument Request by Appellee
15 07/05/2022 Rec'd 3 copies of AEB from cd
16 08/18/2022 NOTICE OF ORAL ARGUMENT SENT
17 09/26/2022 APPEARANCES: Elizabeth B. Brainard; Derek K. Steiner
18 09/26/2022 ARGUED: Elizabeth B. Brainard; Derek K. Steiner
19 09/26/2022 ORAL ARGUMENT WEBCAST