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LAIB v. STATE

No. 20050108.

705 N.W.2d 845 (2005)

2005 ND 187

Marvin LAIB, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

November 9, 2005.

Attorney(s) appearing for the Case

Jesse N. Lange (argued) and Steven M. Light (on brief), Larivee & Light, Fargo, N.D., for petitioner and appellant.

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

CROTHERS, Justice.

[¶ 1] Marvin Laib appealed from a district court judgment denying his application for post-conviction relief. We affirm, concluding (1) Laib's attempt to raise claims of prosecutorial misconduct that he did not raise on direct appeal constituted misuse of process, and (2) Laib failed to establish that he was prejudiced by any alleged ineffective assistance of counsel.

I

[¶ 2] In February 2001, search warrants were executed...

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