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2002 ND 105

State v. Jackson

North Dakota Supreme Court

Decided July 11, 2002

North Dakota Supreme Court · decided 2002-07-11

Cited by 2 later decisions — most recently June 2018

2 state decisions

Relies on State v. Norman · State v. Kroeplin

Good law ✅— No negative treatment on recordhow we know

Decided 2002-07-11

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SANDSTROM, Justice.

¶1 [¶ 1] Michael Darnell Jackson appeals from two East Central Judicial District Court judgments of conviction for failure to register as a convicted sex offender in violation of N.D.C.C. § 12.1-32-15, alleging he was denied the effective assistance of counsel because his trial attorney did not move for a judgment of acquittal, under N.D.R.Crim.P. 29(a).

¶2 [¶ 2] The issue of ineffective assistance of counsel is best raised in a post-conviction relief proceeding, except in rare cases. State v. Norman, 507 N.W.2d 522, 525 (N.D.1993) (a claim of ineffective assistance of counsel should generally be raised in a post-conviction proceeding). This is a rare ease.

¶3 [¶ 3] We hold, as a matter of law, it is not ineffective assistance for counsel to fail to move for a judgment of acquittal, under N.D.R.Crim.P. 29(a), when the prosecution has presented a prima facie case. State v. Kroeplin, 266 N.W.2d 537, 543 (N.D.1978). Here, the State presented a prima facie case. Jackson did not receive ineffective assistance of counsel.

¶4 [¶ 4] The district court’s judgments of conviction are affirmed.

[¶ 5] GERALD W. VANDE WALLE, C.J., WILLIAM A. NEUMANN, MARY MUEHLEN MARING, and CAROL RONNING KAPSNER, JJ., concur.
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