DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
122260P.pdf 06/19/2014 La Verne Koenig v. State of North Dakota
U.S. Court of Appeals Case No: 12-2260
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Wollman, Author, with Bye and Colloton, Circuit Judges]
Criminal case - habeas. Koenig did not waive his right to appellate
counsel in his state court criminal proceedings, and the North Dakota
state courts acted contrary to the dictates of firmly established Supreme
Court precedent by failing to provide Koenig with appellate counsel;
habaeas relief granted and the case remanded to the district court with
directions to hold the case in abeyance for 120 days from the issuance of
mandate; if within that time the State grants Koenig leave to take an
out-of-time appeal with the assistance of counsel, the district court
shall dismiss the habeas petition; if such an appeal is not granted, the
district court shall enter judgment vacating the conviction. Judge
Colloton, dissenting.