(Fargo, ND) — The state is appealing a ruling that overturned a 30-year-old murder conviction. Earlier this month, a judge ruled that Werner Kunkel could be granted a new trial because of evidence withheld by prosecutors during his 1995 murder conviction. The state says Kunkel waited too long to file for post-conviction relief and they dispute the judge’s ruling that the withheld evidence would have aided Kunkel’s defense. Kunkel is in jail awaiting a new trial since he is on the deportation list as a German immigrant. His case is now heading to the state Supreme Court.
