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State v. Jackson

STATE of North Dakota, Plaintiff and Appellee, v. Michael Darnell JACKSON, Defendant and Appellant

State v. Jackson, 2002 ND 105, 646 N.W.2d 676
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Court
North Dakota Supreme Court · State Highest Courts
Decided
July 11, 2002
Docket
Nos. 20010298, 20010299
Judges
Sandstrom, Vande Walle, Neumann, Maring, Kapsner
Citations
646 N.W.2d 6762002 ND 1052002 N.D. LEXIS 1362002 WL 1480829

Opinion — Sandstrom

SANDSTROM, Justice.

[¶ 1] Michael Darnell Jackson appeals from two East Central Judicial District Court judgments of conviction for failure to register as a convicted sex offender in violation of N.D.C.C. § 12.1-32-15, alleging he was denied the effective assistance of counsel because his trial attorney did not move for a judgment of acquittal, under N.D.R.Crim.P. 29(a).

[¶ 2] The issue of ineffective assistance of counsel is best raised in a post-conviction relief proceeding, except in rare cases.

State v. Norman, 507 N.W.2d 522, 525 (N.D.1993) (a claim of ineffective assistance of counsel should generally be raised in a post-conviction proceeding). This is a rare ease.

[¶ 3] We hold, as a matter of law, it is not ineffective assistance for counsel to fail to move for a judgment of acquittal, under N.D.R.Crim.P. 29(a), when the prosecution has presented a prima facie case.

State v. Kroeplin, 266 N.W.2d 537, 543 (N.D.1978). Here, the State presented a prima facie case. Jackson did not receive ineffective assistance of counsel.

[¶ 4] The district court’s judgments of conviction are affirmed.

[¶ 5] GERALD W. VANDE WALLE, C.J., WILLIAM A. NEUMANN, MARY MUEHLEN MARING, and CAROL RONNING KAPSNER, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

2002: 12018: 120022026peak 2002 · 1

Relies on it most ⓘ

  1. State v. Yineman2002 ND 145, 651 N.W.2d 648
  2. Rourke v. State2018 ND 137, 912 N.W.2d 311

Most recent

  1. Rourke v. State2018 ND 137, 912 N.W.2d 311
  2. State v. Yineman2002 ND 145, 651 N.W.2d 648

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
State v. Norman, 507 N.W.2d 522 (N.D. 1993) 28
State v. Kroeplin, 266 N.W.2d 537 (N.D. 1978) 16

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