State v. DeCoteau, CR

Decision Date24 June 1997
Docket NumberNo. CR,CR
Citation1997 ND 121,569 N.W.2d 288
PartiesNOTICE: "SUMMARY DISPOSITION, SEE NORTH DAKOTA RULES OF APPELLATE PROCEDURE, RULE 35.1(a)." STATE of North Dakota, Plaintiff and Appellee, v. Gerald Lee DeCOTEAU, Defendant and Appellant. 960324.
CourtNorth Dakota Supreme Court

Gregory Ian Runge (argued), Bismarck, N.D., for defendant and appellant.

Brian David Grosinger (argued), Assistant State's Attorney, Mandan, N.D., for plaintiff and appellee.

PER CURIAM

¶1 Gerald DeCoteau was convicted by a jury of Gross Sexual Imposition on August 22, 1996, and sentenced to the State Penitentiary for ten years. DeCoteau appeals, claiming the evidence presented at trial was insufficient to sustain a guilty verdict; the trial court abused its discretion in refusing to grant a continuance to await DNA testing results; and ineffective assistance of counsel. The conviction is affirmed under Rule 35.1(a)(3), N.D.R.App.P.

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2 cases
  • DeCoteau v. State, 980141
    • United States
    • North Dakota Supreme Court
    • November 19, 1998
    ...to await DNA test results, and his trial attorney provided ineffective assistance of counsel. This Court, in State v. DeCoteau, 1997 ND 121, p 1, 569 N.W.2d 288, summarily affirmed the conviction under N.D.R.App.P. ¶3 On September 12, 1997, DeCoteau filed an application for post-conviction ......
  • DeCoteau v. State, 990238.
    • United States
    • North Dakota Supreme Court
    • March 21, 2000
    ...[¶ 2] In 1996, DeCoteau was convicted of gross sexual imposition. After this Court summarily affirmed the conviction in State v. DeCoteau, 1997 ND 121, 569 N.W.2d 288, DeCoteau petitioned for post-conviction relief, seeking a new trial. The trial court denied the petition without an evident......

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