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ROTH v. STATE

No. 20060241.

735 N.W.2d 882 (2007)

2007 ND 112

Todd ROTH, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

July 25, 2007.

Attorney(s) appearing for the Case

Joe A. Johnson, Nelson, Blumer & Johnson, P.L.L.P., Fargo, ND, for petitioner and appellant.

Cynthia M. Feland, Assistant State's Attorney, Bismarck, ND, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Todd A. Roth appealed from a district court order denying his application for post-conviction relief. Roth argues his trial and appellate counsel was plainly ineffective for failing to challenge the nighttime provision of the warrant issued to search his home. We affirm.

I

[¶ 2] In late August 2002, the State charged Roth with possession of methamphetamine, possession of drug paraphernalia, and manufacture...

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