Legal Opinion

Kinsella v. State

North Dakota Supreme Court

Decided December 19, 2013No. 20130150PublishedCited by 13 opinions

1Opinion of the Court

VANDE WALLE, Chief Justice.

[¶ 1] Billy Joe Kinsella appealed from a district court judgment denying his application for post-conviction relief. We affirm, concluding Kinsella failed to demonstrate he received ineffective assistance of counsel from his trial attorney.

I

[¶ 2] In 2010, a jury convicted Kinsella of sexually assaulting his sixteen-year-old stepdaughter, S.B. Evidence at the trial included testimony from the investigating officer, the sexual assault nurse examiner (“SANE”), North Dakota State Crime Laboratory analysts, and DNA evidence taken from bed sheets located in the Kin-sella…

2Cases cited20 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Miranda v. ArizonaSupreme Court of the United States · 1966
  3. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Gideon v. WainwrightSupreme Court of the United States · 1963

15 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Osier v. StateNorth Dakota Supreme Court · 2014
  2. Lehman v. StateNorth Dakota Supreme Court · 2014
  3. Curtiss v. StateNorth Dakota Supreme Court · 2016
  4. Chisholm v. StateNorth Dakota Supreme Court · 2015
  5. Howard v. StateNorth Dakota Supreme Court · 2015

8 more not listed; retrieve them via the Exa API.

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