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HENKE v. STATE

Nos. 20080347, 20080348.

767 N.W.2d 881 (2009)

2009 ND 117

Tamara Berg HENKE, Defendant and Appellant v. STATE of North Dakota, Plaintiff and Appellee.

Supreme Court of North Dakota.

July 9, 2009.

Attorney(s) appearing for the Case

Lee M. Grossman, Assistant State's Attorney, Valley City, N.D., for plaintiff and appellee.

William Kirschner, Fargo, N.D., for defendant and appellant.

MARING, Justice.

[¶1] Tamara Berg Henke appeals from a district court order summarily dismissing her application for post-conviction relief. We hold the district court erred in summarily dismissing the application on its own accord, and we reverse and remand for further proceedings.

I

[¶2] Henke was charged with delivery of a controlled substance and hired an attorney to represent her. Trial was scheduled for April 2005. At a pretrial conference...

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