Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)

State of North Dakota, Plaintiff and Appellee v. Michael Darnell Jackson, Defendant and Appellant

Opinion of the Court by Sandstrom, Justice.

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 case.

[¶ 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. VandeWalle, C.J., William A. Neumann, Mary Muehlen Maring, and Carol Ronning Kapsner, JJ., concur.

Use AI to get other relevant cases.

Comments

STATE v. JACKSON
(Jul 11, 2002)