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MIDDLETON v. STATE

No. 20130395.

849 N.W.2d 196 (2014)

2014 ND 144

Gerald Ray MIDDLETON, Petitioner and Appellant v. STATE of North Dakota, Respondent and Appellee.

Supreme Court of North Dakota.

July 17, 2014.

Attorney(s) appearing for the Case

James A. Teigland (argued) and Nicholas D. Thornton (on brief), Fargo, ND, for petitioner and appellant.

Mark J. McCarthy , Assistant State's Attorney, Grand Forks, ND, for respondent and appellee; submitted on brief.

CROTHERS, Justice.

[¶ 1] Gerald Ray Middleton appeals from a district court order denying his application for postconviction relief. We affirm because trial counsel's procedurally deficient motion for a new trial was not proven to prejudice Middleton.

I

[¶ 2] Middleton was found guilty by a jury of continuous sexual abuse of a child, a class AA felony, and corruption of a minor, a class C felony. After the trial, attorney Steven M. Light...

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