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FLANAGAN v. STATE

No. 20050226.

712 N.W.2d 602 (2006)

2006 ND 76

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

Supreme Court of North Dakota.

April 19, 2006.

Attorney(s) appearing for the Case

Chad Rory McCabe, Vinje Law Firm, Bismarck, ND, for petitioner and appellant.

Lloyd Clayton Suhr, Assistant State's Attorney, Bismarck, ND, for respondent and appellee.

MARING, Justice.

[¶ 1] David Flanagan appeals from a judgment denying his application for post-conviction relief. We conclude Flanagan's claim about an erroneous jury instruction is res judicata and he has failed to establish his trial counsel was ineffective. We affirm.

I

[¶ 2] Flanagan was charged with gross sexual imposition under N.D.C.C. § 12.1-20-03(2)(a) for allegedly engaging in sexual contact with a person less than 15 years...

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