Kamara v. State, 20030180.
| Court | United States State Supreme Court of North Dakota |
| Writing for the Court | VANDE WALLE, Chief Justice. |
| Citation | 2003 ND 179,671 N.W.2d 811 |
| Parties | Abdul KAMARA, Petitioner and Appellant, v. STATE of North Dakota, Respondent and Appellee. |
| Docket Number | No. 20030180.,20030180. |
| Decision Date | 02 December 2003 |
671 N.W.2d 811
2003 ND 179
v.
STATE of North Dakota, Respondent and Appellee
No. 20030180.
Supreme Court of North Dakota.
December 2, 2003.
Lonnie Olson, State's Attorney, Devils Lake, for respondent and appellee. Submitted on brief.
VANDE WALLE, Chief Justice.
[¶ 1] Abdul Kamara appealed from an order denying his motion for post-conviction relief. We affirm.
I
[¶ 2] Kamara was tried and convicted for three drug-related crimes. The judgments were entered and Kamara was sentenced on August 28, 2001. Thereafter, Kamara filed a motion for post-conviction relief claiming ineffective assistance of his trial counsel. He requested to be re-sentenced and allowed to file an appeal. A hearing was held on the matter, and the district court denied Kamara's request.
[¶ 3] There is a factual dispute regarding whether, or to what extent, Kamara's trial counsel discussed appealing with him. Kamara claims the only time the issue was discussed was when the jury announced its verdict, at which time he indicated he wished to appeal. According to Kamara, his trial counsel responded "it is not timely" and told Kamara's wife "he doesn't have a ghost of a chance." Kamara's trial counsel testified at the hearing that he consulted with Kamara regarding an appeal when the jury was deliberating, at which time Kamara indicated he did not wish to appeal. The trial counsel testified he also consulted with Kamara regarding an appeal both before and after the sentencing hearing, and Kamara again indicated he did not wish to appeal. In regard to whether Kamara requested an appeal at the sentencing or at any other time within the time to appeal, the district court found, "[t]he attorney's testimony is more believable than [Kamara's] or his other witness."
II
[¶ 4] Post-conviction relief proceedings are civil in nature and governed by the North Dakota Rules of Civil Procedure. McMorrow v. State, 516 N.W.2d 282, 283 (N.D.1994); Varnson v. Satran, 368 N.W.2d 533, 536 (N.D.1985). "This court applies the `clearly erroneous' standard set forth in Rule 52(a), N.D.R.Civ.P., when reviewing a trial court's findings of fact on an appeal from a final judgment or order under the Uniform Post-Conviction...
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In re K.L., No. 20070309.
...[the parent]" such that the likely outcome of the proceeding would have been different. See Johnson, at ¶ 17 (citing Kamara v. State, 2003 ND 179, ¶ 5, 671 N.W.2d 811) (providing North Dakota's adoption of the Strickland test in civil post-conviction relief [¶ 31] In addition to demons......
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Johnson v. State, No. 20030256 | 20030257
...counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him. Kamara v. State, 2003 ND 179, ¶ 5, 671 N.W.2d D [¶18] Johnson argued his first post-conviction counsel was ineffective because she "refused to file a brief on Johnson'......
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Christianson v. Christianson, No. 20030123.
...when it is impossible to maintain two households at the pre-divorce standard, e.g., Weir v. Weir, 374 N.W.2d 858 (N.D. 1985)."). 671 N.W.2d 811 Sommer, 2001 ND 191, ¶ 10, 636 N.W.2d 423 (emphasis [¶ 45] Although, as in property division, equitable does not need to mean equal, equitable......
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Greywind v. State, No. 20040080.
...the district court's findings of fact are subject to the clearly erroneous standard of review under N.D.R.Civ.P. 52(a). Kamara v. State, 2003 ND 179, ¶ 7, 671 N.W.2d [¶ 14] The district court ruled Greywind's argument that his trial attorney in the theft case was ineffective for failing to ......
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In re K.L., No. 20070309.
...[the parent]" such that the likely outcome of the proceeding would have been different. See Johnson, at ¶ 17 (citing Kamara v. State, 2003 ND 179, ¶ 5, 671 N.W.2d 811) (providing North Dakota's adoption of the Strickland test in civil post-conviction relief [¶ 31] In addition to demons......
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Johnson v. State, No. 20030256 | 20030257
...counsel's performance fell below an objective standard of reasonableness and the deficient performance prejudiced him. Kamara v. State, 2003 ND 179, ¶ 5, 671 N.W.2d D [¶18] Johnson argued his first post-conviction counsel was ineffective because she "refused to file a brief on Johnson'......
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Christianson v. Christianson, No. 20030123.
...when it is impossible to maintain two households at the pre-divorce standard, e.g., Weir v. Weir, 374 N.W.2d 858 (N.D. 1985)."). 671 N.W.2d 811 Sommer, 2001 ND 191, ¶ 10, 636 N.W.2d 423 (emphasis [¶ 45] Although, as in property division, equitable does not need to mean equal, equitable......
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Greywind v. State, No. 20040080.
...the district court's findings of fact are subject to the clearly erroneous standard of review under N.D.R.Civ.P. 52(a). Kamara v. State, 2003 ND 179, ¶ 7, 671 N.W.2d [¶ 14] The district court ruled Greywind's argument that his trial attorney in the theft case was ineffective for failing to ......