State v. Henk

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State v. Henk

Case Number
Call Date
March 6, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0291 State v. Ivan K. Henk (Appellant)

Cass County District Court, Judge James Gleason

Attorneys: Siobhan E. Duffy (Attorney General’s Office) --- Gregory A. Pivovar (Appellant)

Civil: Postconviction

Proceedings below: The district court denied Appellant’s motion for postconviction relief.

Issues: The district court erred in denying Appellant’s motion for postconviction relief 1) based upon the abhorrent evidence planting thereby violating the constitutional rights of Appellant, 2) based upon the prosecution’s either knowing or reckless disregard of the planted evidence, and 3) based upon ineffective assistance of trial counsel in recommending the plea agreement and advising Appellant to take the plea agreement.

Issues on Cross-Appeal:  The district court erred in granting Appellant’s motion for leave to file an amended motion for postconviction relief.

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