HILL v. STATE

No. 20000018.

615 N.W.2d 135 (2000)

2000 ND 143

Eric Alan HILL, Petitioner and Appellee, v. STATE of North Dakota, Respondent and Appellant.

Supreme Court of North Dakota.

Rehearing Denied August 18, 2000.


Attorney(s) appearing for the Case

Leslie Johnson Aldrich, Johnson Law Office, Fargo, for petitioner and appellee.

Mark R. Boening, Assistant State's Attorney, Fargo, for respondent and appellant.


KAPSNER, Justice.

[¶ 1] The State appealed from a district court's memorandum opinion and order, entered during post-conviction relief proceedings, granting a new trial to Eric Hill. We hold the district court's grant of a new trial is appealable. We further hold the district court did not clearly err in finding Hill's right to be present at a proceeding during deliberations when trial testimony was read to the jury was violated and the violation was not harmless...

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