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OLIVER v. STATE

No. C5-92-436.

502 N.W.2d 775 (1993)

Eugene Joseph OLIVER, Petitioner, Respondent, v. STATE of Minnesota, Appellant.

Supreme Court of Minnesota.

Rehearing Denied September 3, 1993.

Attorney(s) appearing for the Case

Hubert H. Humphrey, III, Minnesota Atty. Gen., Robert A. Stanich, Sp. Asst. Atty. Gen., St. Paul, Earl E. Maus, Cass County Attorney, Walker, for appellant.

Deborah Ellis, St. Paul, for respondent.

Heard, considered and decided by the court en banc.

OPINION

COYNE, Justice.

Defendant, Eugene Joseph Oliver, was found guilty by a district court jury of criminal sexual conduct in the first degree for participating with Russell Tilbury in the joint sexual assault of Tilbury's 12-year-old niece, A. Defendant sought postconviction relief, claiming that his trial attorney failed to represent him effectively. The court of appeals, in an unpublished opinion, affirmed the award of postconviction relief in the...

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