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COPPAGE v. STATE

No. 20110076.

807 N.W.2d 585 (2011)

2011 ND 227

Ernest COPPAGE, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

December 13, 2011.

Attorney(s) appearing for the Case

Monty Grant Mertz (argued), Public Defender Office and Jonathan L. Voigt , legal intern (on brief), Fargo, N.D., for petitioner and appellant.

Lloyd Clayton Suhr (argued), Assistant State's Attorney, Pamela Ann Nesvig (on brief), Assistant State's Attorney, Bismarck, N.D., for respondent and appellee.

KAPSNER, Justice.

[¶ 1] Ernest Coppage appeals from an order dismissing his application for post-conviction relief. Coppage argues the district court erred in dismissing his application and he was entitled to an evidentiary hearing because there were genuine issues of material fact about his ineffective assistance of post-conviction counsel claim. We reverse and remand for an evidentiary hearing.

I

[¶ 2] In 2006, Coppage was charged with...

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