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MORSTAD v. STATE

Civ. No. 930271.

518 N.W.2d 191 (1994)

Thomas J. MORSTAD, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

June 15, 1994.

Attorney(s) appearing for the Case

Neil W. Fleming of Fleming, DuBois & Trenbeath, Cavalier, for petitioner and appellant.

Stephen J. Rice, State's Atty., Grafton, for respondent and appellee.

SANDSTROM, Justice.

Convicted of sexually assaulting his nine-year-old daughter, Thomas J. Morstad has continued to insist on his innocence. Because he would not admit guilt, he could not "successfully complete" a sexual-offender treatment program, and his probation was revoked.

Morstad appeals from a trial court judgment denying his application for post-conviction relief. We reverse and remand. Revocation was improper...

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