JAMA v. STATE

No. A07-1864.

756 N.W.2d 107 (2008)

Abdullahi Abdi JAMA, Petitioner, Appellant, v. STATE of Minnesota, Respondent.

Court of Appeals of Minnesota.

September 23, 2008.


Attorney(s) appearing for the Case

Maury D. Beaulier, Hellmuth & Johnson, PLLC, Eden Prairie, MN, for appellant.

Lori Swanson, Attorney General, St. Paul, MN, Michael O. Freeman, Hennepin County Attorney, Linda M. Freyer, Assistant County Attorney, Minneapolis, MN, for respondent.

Considered and decided by MINGE, Presiding Judge; HUSPENI, Judge; and MUEHLBERG, Judge.


OPINION

MINGE, Judge.

Appellant argues in a postconviction petition that he was deprived of a fair trial as a result of his attorney's ineffective assistance. The state opposes relief, in part, on the ground that the issue could have been raised in appellant's direct appeal. Because fairness requires review and because appellant did not deliberately and inexcusably fail to raise the issue on direct appeal, he may raise the ineffective-assistance-of-trial...

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