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BERLIN v. STATE

No. 20050030.

698 N.W.2d 266 (2005)

2005 ND 110

David C. BERLIN, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

June 22, 2005.

Attorney(s) appearing for the Case

Jeff A. Bredahl (argued) and Tracy Andrew Gompf (on brief), Bredahl, Frisk & Gompf, Fargo, ND, for petitioner and appellant.

Aaron Grayson Birst, Assistant State's Attorney, Fargo, ND, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] David Berlin appealed from an order summarily dismissing his application for post-conviction relief. We hold Berlin has raised genuine issues of material fact entitling him to an evidentiary hearing on his post-conviction application. We, therefore, reverse and remand for further proceedings.

I

[¶ 2] At a hearing on November 13, 2003, Berlin, with the assistance...

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