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SAMBURSKY v. STATE

Nos. 20050330, 20050331, 20050032, 20050033, 20050034, 20050035.

723 N.W.2d 524 (2006)

2006 ND 223

Paul Joseph SAMBURSKY, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

November 7, 2006.

Attorney(s) appearing for the Case

Rebecca J. Heigaard McGurran, Grand Forks, ND, for petitioner and appellant; submitted on brief.

David T. Jones, Assistant State's Attorney, Grand Forks, ND, for respondent and appellee; submitted on brief.

KAPSNER, Justice.

[¶ 1] Paul Sambursky appeals from an order denying his application for post-conviction relief. We conclude the district court did not err in determining Sambursky's guilty plea was made knowingly and voluntarily, but conclude Sambursky raised genuine issues of material fact on his claim for ineffective assistance of counsel. Sambursky is entitled to an evidentiary hearing on his ineffective assistance of counsel claim. Therefore, the order denying...

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