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DeCOTEAU v. STATE

Civil No. 980141.

586 N.W.2d 156 (1998)

1998 ND 199

Gerald Lee DeCOTEAU, Applicant and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

November 19, 1998.

Attorney(s) appearing for the Case

William D. Schmidt, of Schmitz, Moench & Schmidt, Bismarck, for applicant and appellant.

Brian David Grosinger, Assistant State's Attorney, Mandan, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Gerald Lee DeCoteau appealed from a district court order summarily denying his claim for post-conviction relief. We reverse and remand for further proceedings.

[¶ 2] On August 22, 1996, DeCoteau was convicted by a jury of gross sexual imposition and was sentenced to the State Penitentiary for 10 years. He appealed his conviction, claiming the evidence presented at trial...

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