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EAGLEMAN v. STATE

No. 20030149.

673 N.W.2d 241 (2004)

2004 ND 6

Matthew EAGLEMAN, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

January 14, 2004.

Attorney(s) appearing for the Case

Robert Charles Fleming, Cavalier, N.D., for petitioner and appellant.

Lonnie Olson, State's Attorney, Devils Lake, N.D., for respondent and appellee.

NEUMANN, Justice.

[¶ 1] Matthew Eagleman appealed from an order summarily dismissing his application for post-conviction relief. We conclude Eagleman has raised a genuine issue of material fact whether he received ineffective assistance of counsel because his trial lawyer did not investigate or raise an issue of subject matter jurisdiction, entitling Eagleman to an evidentiary hearing on his post-conviction application. We, therefore, reverse and remand for further...

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