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MOORE v. STATE

No. 20130196.

839 N.W.2d 834 (2013)

2013 ND 214

Kevin Deon MOORE, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

November 21, 2013.

Attorney(s) appearing for the Case

Darla J. Schuman , Grand Forks, ND, for petitioner and appellant.

M. Jason McCarthy (argued), Assistant State's Attorney, and Jared J. Wall (on brief), under the Rule on Limited Practice of Law by Law Students, Grand Forks, ND, for respondent and appellee.

KAPSNER, Justice.

[¶ 1] Kevin Moore appeals from a district court order summarily dismissing his third postconviction application, arguing his postconviction counsel provided ineffective assistance by failing to file a brief in support of his postconviction application. Because the district court's summary dismissal of Moore's postconviction application was not erroneous, and because an ineffective assistance of postconviction counsel claim cannot be established...

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