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Kenneth Murchison v. State of North Dakota

June 27, 2011

KENNETH MURCHISON, PETITIONER AND APPELLANT
v.
STATE OF NORTH DAKOTA, RESPONDENT AND APPELLEE



Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Gail H. Hagerty, Judge.

The opinion of the court was delivered by: Kapsner, Justice.

N.D. Supreme CourtMurchison v. State,

This opinion is subject to petition for rehearing. [Go to Documents]

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2011 ND 126

AFFIRMED.

Opinion of the Court by Kapsner, Justice.

Murchison v. State

No. 20100281

[¶1] Kenneth Murchison appeals the district court order summarily denying his application for post-conviction relief. We conclude Murchison failed to establish he received ineffective assistance of counsel in his direct appeal. The other issues Murchison based his application for post-conviction relief upon are barred by res judicata or are without merit. Accordingly, we affirm.

I

[¶2] Kenneth Murchison was convicted of the felony offense of assault on a correctional institution employee, and the judgment was entered on November 3, 2003. Represented by an attorney, Murchison appealed his conviction arguing he was denied a fair trial because he received ineffective assistance of counsel, and he was denied the right to an impartial and unbiased trial judge. See State v. Murchison, 2004 ND 193, 687 N.W.2d 725. This Court held Murchison waived the issue of whether he was denied effective assistance of counsel at his preliminary hearing, and he failed to demonstrate the trial judge was prejudiced or biased. Id. at ¶ 17.

[ΒΆ3] In July 2010, Murchison filed an application for post-conviction relief in the district court. Murchison argued his due process rights were violated because the arraignment, preliminary hearing, pretrial hearing, and trial were held on the same day. Murchison claimed he was denied the right to a speedy trial. Murchison argued the trial judge abused her discretion by not accepting a plea bargain and by refusing to recuse herself after Murchison claimed she had once prosecuted him. Finally, Murchison argued he received ineffective assistance of counsel during his trial and during his appeal to this Court. The State moved ...


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