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STATE v. McLAIN

Crim. No. 730-A.

312 N.W.2d 343 (1981)

STATE of North Dakota, Plaintiff and Appellee, v. Steven McLAIN, Defendant and Appellant.

Supreme Court of North Dakota.

November 12, 1981.

Attorney(s) appearing for the Case

Tom Slorby, State's Atty., Minot, for plaintiff and appellee.

Lundberg, Conmy, Nodland, Lucas & Schulz, Bismarck, for defendant and appellant; argued by Irvin B. Nodland, Bismarck.

PEDERSON, Justice.

Steven McLain was convicted of the crime of gross sexual imposition. We affirmed the conviction in State v. McLain, 301 N.W.2d 616 (N.D.1981). Subsequently, McLain retained a different lawyer to investigate additional avenues of relief. Pursuant to Rule 33(b) of the North Dakota Rules of Criminal Procedure, a motion for a new trial on the ground of newly discovered evidence was filed. The court, after an...

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