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2018 ND 40

Nur v. State

North Dakota Supreme Court

Decided February 22, 2018

North Dakota Supreme Court · decided 2018-02-22

Decided 2018-02-22

¶1Filed 2/22/18 by Clerk of Supreme Court

¶2IN THE SUPREME COURT

¶3STATE OF NORTH DAKOTA

¶4

¶5

¶6

¶72018 ND 40

¶8

¶9

¶10

¶11Ibrahim Hassan Nur, Petitioner and Appellant

¶12

¶13v.

¶14

¶15State of North Dakota, Respondent and Appellee

¶16

¶17

¶18

¶19No. 20170349

¶20

¶21

¶22

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

¶24

¶25AFFIRMED.

¶26

¶27Per Curiam.

¶28

¶29Laura C. Ringsak, Bismarck, ND 58501, for petitioner and appellant; submitted on brief.

¶30

¶31Tracy E. Hines (argued), Assistant State’s Attorney, and Tristan J. Van de Streek (on brief), Assistant State’s Attorney, Fargo, ND 58108-2806, for respondent and appellee.

¶32Nur v. State

¶33No. 20170349

¶34

¶35Per Curiam.

¶36[¶1] Ibrahim Hassan Nur appeals from the district court’s order denying his application for post-conviction relief. Nur argues he did not voluntarily, knowingly, and intelligently waive his right to counsel, and he argues he received ineffective assistance of counsel.  The district court did not err in summarily denying Nur’s application for post-conviction relief for misuse of process on the issue of his waiver to the right to counsel.  Also, the district court did not err in denying Nur’s application for post-conviction relief based on ineffective assistance of counsel and its findings of fact were not clearly erroneous.  We affirm under N.D.R.App.P. 35.1(a)(2) and (6).

¶37[¶2] Gerald W. VandeWalle, C.J.

¶38Jon J. Jensen

¶39Lisa Fair McEvers

¶40Daniel J. Crothers

¶41Jerod E. Tufte

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