North Dakota Supreme Court

Robert John Falcon, Petitioner and Appellant v. State of North Dakota, Respondent and Appellee

October 21, 19971997 N.D. LEXIS 248

Summary

The North Dakota Supreme Court affirmed the district court, holding that N.D.C.C. § 29-15-21 does not apply to post‑conviction proceedings under the Uniform Post‑Conviction Procedure Act and that Falcon's claim of ineffective assistance of counsel fails because the hearsay evidence would have been admissible had counsel objected.