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BLACK ELK v. STATE

No. 20230035.

994 N.W.2d 394 (2023)

2023 ND 150

Cassandra BLACK ELK, Petitioner and Appellee, v. STATE of North Dakota, Respondent and Appellant.

Supreme Court of North Dakota.

Filed August 17, 2023.

Attorney(s) appearing for the Case

Mark R. Bradford (argued), Bloomington, MN, James R. Mayer (appeared), Minneapolis, MN, and Ryan D. Sandberg (appeared), Minot, ND, for petitioner and appellee.

David L. Rappenecker , Assistant State's Attorney, Bismarck, ND, for the respondent and appellant.

[¶1] The State appeals from a district court's judgment granting post-conviction relief to Cassandra Black Elk. The State argues the court erred by relying on hearsay testimony and in finding defense counsel's conduct fell below an objective standard of reasonableness when counsel advised Black Elk she could deal with...

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