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BAATZ v. STATE

No. 20130066.

837 N.W.2d 387 (2013)

2013 ND 172

Nicholas BAATZ, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

September 25, 2013.

Attorney(s) appearing for the Case

Robert W. Martin , North Dakota Public Defenders' Office, 11 1st Avenue Southwest, Minot, N.D. 58701, for petitioner and appellant.

Jonathan R. Byers , Assistant Attorney General, Office of Attorney General, 600 East Boulevard Avenue, Bismarck, N.D. 58505-0040, for respondent and appellee.

CROTHERS, Justice.

[¶ 1] Nicholas Baatz appeals from an order denying his second application for postconviction relief. We reverse and remand for the district court to address the merits of Baatz's claims of denial of the right to counsel and of ineffective assistance of trial counsel because, under the law of the case doctrine this Court's decision in State v. Baatz, 2011 ND 195, ¶ 2, 806 N.W.2d 438, allowed him...

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