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FALCON v. STATE

Civil No. 970097.

570 N.W.2d 719 (1997)

1997 ND 200

Robert John FALCON, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

October 21, 1997.

Attorney(s) appearing for the Case

Lynn M. Boughey, Boughey Law Firm, Minot, for petitioner and appellant.

John P. Van Grinsven III, Assistant State's Attorney, Minot, for respondent and appellee.

SANDSTROM, Justice.

[¶ 1] Robert Falcon appeals from a trial court memorandum decision and order denying his petition for post-conviction relief. We affirm, holding N.D.C.C. § 29-15-21 demand for change of judge does not apply to proceedings brought under the Uniform Post-Conviction Procedure Act, and Falcon's claim of ineffective assistance of counsel is without merit.

I

[¶ 2] In February 1995, after a bench trial, Judge Olson found...

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