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.