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STATE v. MIDELL

No. 20100286.

798 N.W.2d 645 (2011)

2011 ND 114

STATE of North Dakota, Plaintiff and Appellant v. Willie Demar MIDELL, Defendant and Appellee.

Supreme Court of North Dakota.

June 21, 2011.

Attorney(s) appearing for the Case

Taylor Olson (argued), third-year law student, appearing under the rule on the limited practice of law by law students, and Mark R. Boening (appeared), Assistant State's Attorney, Fargo, ND, for plaintiff and appellant.

Monty G. Mertz , Fargo Public Defenders Office, Fargo, ND, for defendant and appellee.

VANDE WALLE, Chief Justice.

[¶ 1] The State appealed from a district court order dismissing a charge of gross sexual imposition against Willie Demar Midell. We reverse, concluding the victim's testimony was neither implausible nor incredible as a matter of law, and remand for further proceedings consistent with this opinion.

I.

[¶ 2] Willie Demar Midell was charged by information with gross sexual...

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