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JACOB v. STATE

No. 20090340.

782 N.W.2d 61 (2010)

2010 ND 81

Kenneth JACOB, Jr., Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

May 11, 2010.

Attorney(s) appearing for the Case

Richard E. Edinger, Fargo, ND, for petitioner and appellant.

Mark R. Boening (argued), Assistant State's Attorney, and Charles J. Sheeley (on brief), Assistant State's Attorney, Fargo, ND, for respondent and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] Kenneth Jacob, Jr., appealed from the district court's judgment denying his petition for post-conviction relief. Jacob argued he received ineffective assistance of counsel because his trial counsel did not call an expert in trucking to testify. We affirm because Jacob did not establish a reasonable probability that the proposed testimony would lead to a different verdict.

I...

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