Public-domain · open source
OpenJurist

2011 ND 212

Warnke v. Warnke

North Dakota Supreme Court

Decided November 15, 2011

North Dakota Supreme Court · decided 2011-11-15

Relies on Alerus Financial, N.A. v. Western State Bank

Decided 2011-11-15

¶1Filed 11/15/11 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72011 ND 209

¶8

¶9

¶10

¶11James Ray Coffman, Petitioner and Appellant

¶12

¶13v.

¶14

¶15State of North Dakota, Respondent and Appellee

¶16

¶17

¶18

¶19No. 20110130

¶20

¶21

¶22

¶23Appeal from the District Court of Cass County, East Central Judicial District, the Honorable Frank L. Racek, Judge.

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Kent M. Morrow, P.O. Box 2155, Bismarck, N.D. 58502-2155, for petitioner and appellant; submitted on brief.

¶30

¶31Ryan J. Younggren (argued), Assistant State’s Attorney, P.O. Box 2806, Fargo, N.D. 58108-2806, for respondent and appellee.

¶32Coffman v. State

¶33No. 20110130

¶34

¶35Per Curiam.

¶36[¶1] James Coffman appeals from the trial court’s order for judgment dismissing his application for post-conviction relief filed on January 25, 2011. (footnote: 0)  On appeal, Coffman argues his trial counsel was ineffective because counsel allegedly refused to take the case to trial, failed to interview a police officer whose testimony would exonerate Coffman, and failed to procure Coffman’s phone records.  We affirm under N.D.R.App.P. 35.1(a)(2).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Mary Muehlen Maring

¶39Daniel J. Crothers

¶40Dale V. Sandstrom

¶41Carol Ronning Kapsner

¶42FOOTNOTES

¶430:

¶44 ン     Generally, this Court will not review an appeal from an order for judgment; however, we will review an appeal if a consistent final judgment is subsequently entered.   Alerus Fin., N.A. v. W. State Bank , 2008 ND 104,   15, 750 N.W.2d 412.  In this case, final judgment was entered on October 19, 2011.

¶45

/2011/nd/212 · .json · Public domain