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STATE v. CONLEY

Criminal No. 970092.

574 N.W.2d 569 (1998)

1998 ND 5

STATE of North Dakota, Plaintiff and Appellee, v. Lundy CONLEY, Defendant and Appellant.

Supreme Court of North Dakota.

January 20, 1998.

Attorney(s) appearing for the Case

Rick Lee Volk (argued), Assistant State's Attorney, Bismarck, for plaintiff and appellee.

Gregory Ian Runge (argued), Bismarck, for defendant and appellant.

MESCHKE, Justice.

[¶ 1] Prisoner Lundy Conley appealed from a criminal judgment entered on a conditional guilty plea to possession of contraband useful for escape from prison. We conclude Conley was in custody when twice questioned at the prison, but he was not informed of his constitutional rights, so incriminating statements made by him cannot be admitted at his criminal trial. We reverse and remand to allow Conley an opportunity to withdraw his guilty plea...

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