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Medina-Romero v. State

Supreme Court of North Dakota

March 6, 2015

Miguel Humberto Medina-Romero, Petitioner and Appellant
v.
State of North Dakota, Respondent and Appellee

Appeal fro the District Court of Pembina County, Northeast Judicial District, the Honorable Laurie A. Fontaine, Judge.

Sarah Scholler (argued), third-year law student, under the Rule on Limited Practice of Law by Law Students, and Jessica Johanna Ahrendt (appeared), Grand Forks Public Defender Office, Grand Forks, ND, for petitioner and appellant.

Marina Spahr (argued), Assistant State's Attorney, Carrington, ND, and Jonathan Byers (appeared), Assistant Attorney General, Office of Attorney General, Bismarck, ND, for respondent and appellee.

Gerald W. VandeWalle, C.J. Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner, Lisa Fair McEvers.

OPINION

Per Curiam.

[¶1] Miguel Humberto Medina-Romero appeals from a district court order denying his application for postconviction relief from a conviction by a jury of murder, possession/manufacture of a controlled substance (marijuana) and possession/manufacture with intent to deliver a controlled substance (cocaine). Romero argues the district court erred in finding representation of his attorney at trial did not constitute ineffective assistance of counsel when counsel failed to investigate a material witness and failed to properly explain voir dire and the jury selection process. We summarily affirm under N.D.R.App.P. 35.1(a)(2), concluding the district court's findings of facts are not clearly erroneous.

[¶2] Gerald W. VandeWalle, C.J., Daniel J. Crothers, Dale V. Sandstrom, Carol Ronning Kapsner, Lisa Fair McEvers.


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