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Isac v. State

Docket No. 20230100
Oral Argument: Wednesday, September 6, 2023 10:45 AM

Docket Info

Title
Sidhassan Yaqub-Sharif Isac, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee
Case Type
CIVIL APPEAL : POST-CONVICTION RELIEF
Appeal From
Case No. 2022-CV-02931
East Central Judicial District, Cass County
Susan Lynne Bailey
2023 ND 181
Oral Argument 9/6/2023

Highlight

When a post-conviction relief applicant seeks to withdraw a guilty plea based upon ineffective assistance of counsel, the applicant must satisfy a two-prong test by showing (1) his counsel’s representation fell below an objective standard of reasonableness, and (2) there is a reasonable probability that, but for counsel’s errors, the applicant would not have pleaded guilty and would have insisted on going to trial. Under the second prong, the district court is required to determine what the applicant would have done had he received competent advice—not what he would have done with the benefit of hindsight.

Witnesses must testify from personal knowledge. Witnesses may use notes to refresh their recollection, but they may not testify directly from the notes. A district court has broad discretion to control the use of evidence to refresh memory.

Briefs

Filing Date Description
06/05/2023 APPELLANT BRIEF View
07/05/2023 APPELLEE BRIEF View

Counsel

Party Type Name
APPELLEE ASST. STATE'S ATTORNEY Nicholas Steven Samuelson - 08841
APPELLANT COURT APPOINTED Kiara Costa Kraus-Parr - 06688
APPELLEE ASST. STATE'S ATTORNEY Kara Schmitz Olson - 05867

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

Seq. # Filing Date Description Attachment
1 04/10/2023 NOTICE OF APPEAL : 04/10/2023 View
2 04/10/2023 ORDER FOR TRANSCRIPT : 04/10/2023 View
3 04/10/2023 NOT. OF FILING NOT. OF APPEAL AND PROOF OF SERV. View
4 04/10/2023 Notice Served on Kiara C. Kraus-Parr & Kara S. Olson
5 04/26/2023 All Transcripts Filed in Record
6 05/12/2023 ELEC. RECORD ON APPEAL DATED MAY 10, 2023 (ENTRY NOS. 1-11, 13-30) (SENT ITEM: 12) View
7 05/12/2023 AMD ELEC. RECORD ON APPEAL DATED MAY 10, 2023 (ENTRY NOS. 1-11, 13-18, 20-31) (SENT ITEMS: 12 & 19) View
8 05/12/2023 ELEC. RECORD ON APPEAL DATED MAY 10, 2023 (ENTRY NOS. 1-61) (UNDERLYING CRIMINAL) View
9 06/05/2023 APPELLANT BRIEF View
10 06/06/2023 Oral Argument Request by Appellant
11 06/06/2023 Rec'd corrections to ATB (jmt date and section heading)
12 06/07/2023 Rec'd 3 copies of ATB from CSD
13 07/05/2023 APPELLEE BRIEF View
14 07/06/2023 Oral Argument Request by Appellee
15 07/11/2023 Consent of Kara S. Olson for Avinoor Mann, law student, was received View
16 07/13/2023 Rec'd 3 copies of AEB from CSD
17 07/28/2023 NOTICE OF ORAL ARGUMENT SENT
18 09/06/2023 APPEARANCES: Kiara C. Kraus-Parr, Kara S. Olson and Avinoor Mann, law student
19 09/06/2023 ARGUED: Kiara C. Kraus-Parr and Avinoor Mann, law student
20 09/06/2023 ORAL ARGUMENT WEBCAST
21 09/28/2023 DISPOSITION
22 09/28/2023 UNANIMOUS OPINION : Crothers, Daniel John View
23 09/28/2023 Judgment View