KAISER v. STATE

No. 20040135.

693 N.W.2d 26 (2005)

2005 ND 49

Gregory Clifford KAISER, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

March 4, 2005.


Attorney(s) appearing for the Case

Monty Grant Mertz, Fargo, N.D., for petitioner and appellant.

Birch Peterson Burdick, State's Attorney, Fargo, N.D., for respondent and appellee.


SANDSTROM, Justice.

[¶ 1] Gregory Clifford Kaiser appealed from a judgment dismissing his application for post-conviction relief. We conclude Kaiser should have been afforded an opportunity to respond to the State's motions, and we reverse and remand.

I

[¶ 2] Kaiser and the two attorneys representing him in two criminal cases signed a plea agreement providing, in part, that Kaiser "will voluntarily plead guilty because he is in fact guilty...

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